P. v. Chandler
A jury found defendant Michael Edward Chandler guilty of sodomy by force or fear (Pen. Code, § 286, subd. (c)(2)) and simple assault (Pen. Code, § 240). It rejected charges of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)), robbery (Pen. Code, § 211), and making a criminal threat (Pen. Code, § 422). It also rejected allegations that he used a deadly weapon in the commission of the sodomy. (Pen. Code, §§ 667.61, subd. (e)(4), 12022, subd. (b)(1).)
As a result, defendant was sentenced to a total of six years in prison, plus the usual fines, fees, and conditions.
Defendant now contends:
1. In light of the fact that the jury rejected the charges of assault with a deadly weapon, making a criminal threat, and robbery, and also rejected the deadly weapon use enhancement, there was insufficient evidence of force or fear to support the sodomy and simple assault convictions.
2. The trial court erred by prohibiting defendant’s expert witness from testifying that the victim had a chronic anal fissure.
We find no error. Hence, we will affirm.
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