People v. Griffin

Opinion

BAXTER, J.

Defendant Bryant D. 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 under that standard.

A majority of the Court of Appeal agreed, concluding that the definition of “force,” as it is used…