P.

Facts and Proceedings Below On February 25, 2010, the Santa Clara County District Attorney filed an information in which appellant was charged with one count of assault with intent to commit rape (Pen. Code, § 220, subd. (a), count one) and one count of sodomy by force, violence, duress, menace or fear (§ 286, subd. (c)(2), count two).1 The charges arose from an incident that occurred on December 27, 2008. The evidence at trial was as follows: Victim Jane Doe2 On December 26, 2008, Jane and her friend Erica went to a bar in San Jose at around 11:00 p.m. Jane estimated that she drank four drinks at the bar. When the women left the bar they planned on going to a party. Erica drove Jane's car because Jane did not feel sober enough to drive. En route to the party the women got lost in East San Jose. The police stopped their car at about 2:19 a.m. on December 27 because the car was swerving; Erica was arrested for driving under the influence of alcohol. At the time, Jane was also under the influence of alcohol and officers told her that she could not drive. Jane tried telephoning people that she knew lived in San Jose in order to find someone to take her home, and to stop her car…