PEOPLE v. GRIFFIN

No. S109734.

16 Cal.Rptr.3d 891 (2004)

94 P.3d 1089

33 Cal.4th 1015

The PEOPLE, Plaintiff and Respondent, v. Bryant D. GRIFFIN, Defendant and Appellant.

Supreme Court of California.

August 9, 2004.


Attorney(s) appearing for the Case

Patricia A. Scott, San Diego, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Ana R. Duarte, Susan Sullivan Pithey, Donald E. De Nicola, Marc J. Nolan and Allison H. Chung, Deputy Attorneys General, for Plaintiff and Respondent.

Kent S. Scheidegger and Kymberlee C. Stapleton for Criminal Justice Legal Foundation as Amicus Curiae on behalf of Plaintiff and Respondent.


BAXTER, J.

Defendant Bryant Griffin was convicted by a jury of five counts of child molestation and one count of forcible rape. He argued on appeal that his forcible rape conviction must be reversed because the trial court erred in failing to instruct sua sponte on the special legal definition of "force" required for conviction of that offense. He further contended the evidence would have been insufficient as a matter of law to sustain his conviction of forcible rape...

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