People v. Romero

Opinion

SMITH, J.

Benjamin Diego Romero appeals from a conviction of rape by force (Pen. Code, § 261, subd. (2)) and oral copulation by force (§ 288a, subd. (c)).

The complaining witness, Mrs. M., testified that she left her boyfriend’s home in Pittsburg about 9:30 p.m. on August 10, 1981. She had only driven a few miles toward her home in Pacheco when the car “popped out of gear.” The transmission would not reengage and Mrs. M.’s car coasted to a stop about 50 feet from the Railroad exit on Highway 4. The car came to rest on the side of the road with part of one rear fender extending over the…