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Name: People v. Guido
Case #: C044284
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/04/2005
Subsequent History: 3/30/05: revw den.

Appellant was convicted of one count of sexual assault of a child by rape, and one count by forcible oral copulation. On appeal, he argued that the court erred in failing to define sua sponte the word “force” as it applied to the alleged offenses. The appellate court rejected the argument and affirmed. Regarding the offense of rape, the California Supreme Court held, after briefing in this case was complete, that the word “force” as used in the definition of rape did not have a specialized legal definition. (People v. Griffin (2004) 33 Cal. 4th 1015.) Regarding the oral copulation count, the same concepts discussed in Griffin apply.