People v. Key

Opinion

WORK, J.

James Key appeals his convictions for kidnaping Judy S. (Pen. Code, 1 § 207), forcing her to orally copulate him (§ 288a, subd. (c)), raping her twice (§ 261, subd. (2)) and assaulting her with a deadly weapon (§ 245, subd. (a)). The jury found Key used a knife during the first two offenses (§ 12022, subd. (b)). 2

The trial court admitted evidence of a prior uncharged incident of a sexual assault, rape and oral copulation to corroborate Judy S.’s credibility in rebuttal of Key’s testimony she willingly engaged in sexual intercourse.

The principal issue we address is whether…