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The People v. Jarian Isaac Tillman

June 13, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JARIAN ISAAC TILLMAN, DEFENDANT AND APPELLANT.



(Super. Ct. No. 10F04124)

The opinion of the court was delivered by: Robie , J.

P. v. Tillman

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Jarian Isaac Tillman was a family friend of the 12-year-old victim when he twice forced her to orally copulate him.

The first time was when the victim was sitting on the couch in the living room watching television. Defendant started asking her questions about sex. He then pulled down his pants, forced the victim's mouth open, and put his penis inside. Defendant prevented her from getting off the couch by putting his hands on her shoulders.

The second time was shortly after the first. The victim was trying to go outside to tell her mother what defendant had just done, but defendant grabbed her hand, took her into her bedroom, and made her sit on the bed. He then used one hand to open her mouth and the other to stick his penis inside her mouth.

A jury found defendant guilty of two counts of oral copulation by force or fear. Defendant appeals from the resulting conviction, raising contentions relating to the sufficiency of evidence, the instructions, and the fines and fees. Disagreeing with these contentions, we affirm.

DISCUSSION

I

There Was Sufficient Evidence Defendant Used Force To Orally Copulate The Victim

Defendant contends there was insufficient evidence he used force for the victim to orally copulate him, which violated his right to due process.*fn1

"[T]he 'force' required to commit a forcible lewd act . . . [must] be substantially different from or substantially greater than the physical force inherently necessary to commit a [nonforcible] lewd act . . . ." (People v. Griffin (2004) 33 Cal.4th 1015, 1027.) An example of sufficient force includes the force necessary to ...


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