People v. Villa

Opinion

EVANS, Acting P. J.

Convicted of separate charges of rape (Pen. Code, § 261, subds. 2, 3),

1

oral copulation (§ 288a, subd. (c)), robbery

[875]

(§ 211), burglary (§ 459), of having used a dangerous or deadly weapon (§ 12022, subd. (b)), and inflicting great bodily injury (§§ 12022.7, 12022.8) in the commission of those offenses, defendant appeals contending denial of his motions to stipulate the victim suffered great bodily injury, and to suppress evidence (§ 1538.5) requires reversal of the convictions. He is wrong.

Ms. Anna F., aged 65, who lived alone, was accosted in her backyard by an assailant who had been hiding beneath a bush.

A vicious struggle ensued during which Anna was violently punched in the face and body. Defendant brandished a pair of scissors and told her “‘Don’t holler ‘cuz I’m going to kill you.’” However, the victim managed to hit defendant and scratch his face and neck. Defendant finally overpowered Anna, forced her into the garage where he raped her and forced her to orally copulate him. She was then forced to crawl back into her house where he robbed her of $38 in bills, plus some small change. While in the house Anna continued to struggle with the culprit and eventually “maced” him. He then fled the scene.

Anna received numerous contusions and fractured ribs as a result of the attack but managed to get to a neighbor’s house and report the attack to the sheriff. She identified her attacker as a prowler she had reported at her residence about a month earlier, on March 1, 1980; at that time defendant had been arrested as the prowler by Deputy Sheriff Linares.

Following her report of the attack, Officer Linares monitored the radio report of the rape and description of the subject. Recalling the prowling arrest of March 1, 1980, Officer Linares radioed that the suspect’s description matched that of defendant’s.

Linares and other deputies went to defendant’s residence, arriving at approximately 1:48 a.m. Linares knocked, and defendant’s sister answered the door. She was told the purpose of their visit but because of her youth, defendant’s mother came to the door. She was told of the earlier incident and that they wanted to speak with defendant. She stepped back, told them where defendant was sleeping, and allowed them to enter the house.