Griffin

Certified for Partial Publication. [*]

A jury convicted appellant, Bryant D. Griffin, of five counts of child molestation and of one count of forcible rape. He contends his rape conviction must be reversed because the evidence of "force" was insufficient as a matter of law to sustain the conviction. He also claims the trial court erred in failing to instruct sua sponte on the legal definition of "force" required for a forcible rape conviction. In addition, appellant argues he was denied due process from admission of evidence of prior sexual offenses and by the court's instruction regarding permissible uses of this propensity evidence. Finally, appellant claims the court erred in failing to rule on the merits of his new trial motion based on ineffective assistance of counsel. We agree there was insufficient evidence of "force" to sustain the conviction for forcible rape and reverse appellant's conviction on this count. However, we find no other prejudicial error and accordingly affirm the judgment in all other respects.

Latasha J. had known appellant since she was five years old. From 1992 appellant and Latasha's mother had an on again, off again, relationship.

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