People v. Alford

Opinion

HOLLENHORST, J.

—Defendant was tried and convicted of three violations of Penal Code 1 section 243,4 (sexual battery) and two violations of section 149 (assault by a public official under color of authority). Imposition of sentence was suspended and defendant was placed on three years’ probation. On appeal he contends there was insufficient evidence to support the sexual batteries because there was no evidence that defendant unlawfully restrained the victims. He also contends that the convictions for assault by an officer must be reversed because they are lesser included offenses to the…