People v. Brooks

*132PETERS, J.

After a jury trial, defendant Cleveland Lee Brooks was found guilty of a violation of Penal Code section 220 (assault by means of force likely to produce great bodily injury with intent to commit rape). He has appealed from the ensuing judgment. The jury also found codefendant James Frederick Davis, who was represented by separate counsel, guilty of the lesser and included offense of violating Penal Code section 245 (assault by means of force likely to produce great bodily harm). Davis has not appealed.

Two issues are raised on appeal: (1) whether it was prejudicial error for the…