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Name: People v. Quintana
Case #: A090166
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 06/19/2001
Subsequent History: None

Appellant was convicted of a violation of Penal Code section 289, subdivision (j), foreign object penetration of a minor under 14. On appeal, he argued that there was no substantial evidence of vaginal penetration. The appellate court affirmed. The statute requires penetration of the “genital opening.” Penetration of the vagina was not required; the labia are a part of the female genitalia and were thus an “opening” through which appellant’s finger penetrated.