People v. Icke

Opinion

BRUINIERS, J.

—Brian Steven Icke, a chiropractor, was convicted by jury of sexual penetration by fraudulent misrepresentation of professional purpose. (Pen. Code, § 289, subd. (d)(4); hereafter section 289(d)(4).) The jury found that Icke digitally penetrated a client for a sexual purpose during a chiropractic massage. Icke argues the trial court erred in rejecting a proposed jury instruction that would have stated he was not guilty of violating section 289(d)(4) if he penetrated the client against her will. We conclude this argument is foreclosed by People v. Robinson (2016) 63 Cal.4th…