Alford

—Defendant was tried and convicted of three violations of Penal Code section 243,4 (sexual battery) and two violations of section 149 (assault by a public official under color of authority). Imposition of sentence was suspended and defendant was placed on three years’ probation. On appeal he contends there was insufficient evidence to support the sexual batteries because there was no evidence that defendant unlawfully restrained the victims. He also contends that the convictions for assault by an officer must be reversed because they are lesser included offenses to the sexual batteries.

Facts

Defendant was a correctional officer employed by the County of Riverside. As part of his duties, he sometimes was responsible for the transportation of both male and female inmates between the Indio correctional facility and the Riverside jail.

In the early morning hours of May 6, 1988, defendant was to transport Mary L. and eight male inmates from Riverside to Indio. Mary L. was waist-chained and handcuffed by a female deputy and then taken by defendant and placed by the defendant in the van for transportation. Defendant undid Mary L.’s jumpsuit and proceeded to fondle her…