California Court of Appeal

Conviction and sentence for committing a lewd act upon a child under the age of 14 by force, fear, or duress, are affirmed over defendant's claims that: 1) there was insufficient evidence that he used force, fear, or duress in committing each of the counts; and 2) CALCRIM No. 1111, on lewd or lascivious acts by force or fear incorrectly states that a violation of Penal Code section 288(b) can be committed by means of fear even in the absence of a threat.

Appellate Information

• Decided 02/15/2008
• Published 02/15/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Warren P. Robinson, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Pamela Ratner Sobeck, Supervising Deputy Attorney General, and David Delgado-Rucci, Deputy Attorney General, for Plaintiff and Respondent.