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Name: People v. Griffin
Case #: B152731
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 07/30/2002
Subsequent History: Review granted 10/23/02: S109734

There was insufficient evidence of “force” to sustain a forcible rape conviction (Pen. Code, sec. 261, subd.(a)(2)), which requires use of physical force substantially different from or substantially greater than that necessary to accomplish the act itself. Here, appellant held the victim’s wrists on floor next to her shoulders after he thought his penis was going into the victim’s vagina. Before he acheived full penetration, the victim got up and said no. There was no evidence he pushed her to the floor to accomplish the act of intercourse. (2-1)