People v. Gayther

Opinion

EVANS, J.

Following his conviction by jury of two counts of oral copulation (Pen. Code, § 288a) 1 and rape (§ 261, subd. 3), the court sentenced defendant to state prison for the lower term of three years for the rape and stayed imposition of sentence on the two counts of oral copulation, the stay to become permanent upon completion of the sentence for rape.

Defendant challenges the sufficiency of the evidence to support his convictions and contends that a mandatory prison term prescribed for a conviction of rape by threat is cruel and unusual punishment and a violation of the guarantee…