California Court of Appeals, Second District, Eighth Division
Cal.Rptr.3d 621] APPEAL from a judgment of the Superior Court
of Los Angeles County, Steven Blades, Judge. Affirmed. (Los
Angeles County Super. Ct. No. KA115989)
K. Dorian, Toluca Lake, and Alex Coolman, San Francisco,
under appointment by the Court of Appeal, for Defendant and
Becerra, Attorney General of California, Gerald A. Engler,
Chief Assistant Attorney General, Lance E. Winters, Senior
Assistant Attorney General, Paul M. Roadarmel, Jr.,
Supervising Deputy Attorney General, Stephanie A. Miyoshi,
Deputy Attorney General, for Plaintiff and Respondent.
Cal.Rptr.3d 622] A jury convicted Moises Aguilar of forcible
sexual penetration and sexual battery. Aguilar appeals only
the former conviction, arguing there was no evidence of force
and the trial court erroneously instructed the jury. We
affirm. Code references are to the Penal Code.
are the facts.
father dated and lived with Aguilars mother for about five
years. A.R. met Aguilar when she was 10 years old. At one
point, A.R. lived in the same house as her father, Aguilars
mother, and Aguilar. A.R. and Aguilar watched TV and played
Aguilar started touching A.R. inappropriately when she was 13
or 14. Aguilar was 17. He grabbed A.R.s chest and bottom
several times a month. This grabbing made A.R. uncomfortable.
one morning, A.R. and Aguilar were watching TV. A.R. was on a
couch. Aguilar sat about a foot away. A.R. was getting ready
to sleep when Aguilar grabbed her chest. A.R. told Aguilar no
but he did not stop. He put his hand under A.R.s pants and
underwear, rubbed her vagina, and put his fingers inside.
This hurt A.R. A.R. continued to say no but he would not
stop. A.R. resisted by grabbing and pulling his arm "the
whole time." She could not pull his hand away because
"he was too strong." A.R. was panicked and scared.
Aguilar grabbed A.R.s arm and pulled it towards his penis.