Minor

People v. Minor

Caution
104 Cal. App. 3d 194·163 Cal. Rptr. 501·1980 Cal. App. LEXIS 1666
Court of Appeal of CaliforniaApril 3, 1980Crim. 17692California1,578 words

Opinion

Opinion

Christian, J.

Ralph W. Minor appeals from an order committing him for treatment as a mentally disordered sex offender after a jury found him guilty of sexual molestation of a child (Pen. Code, § 288), kidnaping (Pen. Code, § 207) and forcible oral copulation (Pen. Code, § 288a).

Appellant contends that the verdict on the charge of forcible oral copulation is not supported by substantial evidence in that there was no evidence of penetration or of substantial sexual contact with the mouth of the victim. This contention cannot be sustained. The offense is complete when, as occurred here according to the testimony of the victim, the mouth is forcibly placed upon the genital organ of another (People v. Harris (1951) 108 Cal.App.2d 84, 88 [ 238 P.2d 158 ]). Similarly to be rejected is appellant’s contention (citing People v. Sedeno (1974) 10 Cal.3d 703, 715 [ 112 Cal.Rptr. 1 , 518 P.2d 913 ], overruled on another point in People v. Flannel (1979) 25 Cal.3d 668 at p. 685, fn. 12 [ 160 Cal.Rptr. 84 , 603 P.2d 1 ]) that the court should have instructed on its own motion concerning the lesser offense of attempted forcible oral copulation. The court was not required to give such an instruction…

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