Grant

Defendant, William Francis Grant, appeals following his sexual battery conviction. (Pen. Code, § 243.4, subd. (a).) He claims his conviction was not supported by substantial evidence, he was erroneously required to register pursuant to Penal Code section 290, and the imposition of restitution fines exceeded the terms of his plea bargain. In the published portion of our opinion, in determining whether substantial evidence supports the conviction, we discuss the meaning of “unlawful restraint” as an element of a sexual battery.

Statement of the Case

On February 21, 1991, a preliminary hearing was held in defendant’s case. The investigating officer was the sole witness. He testified to the incident in question based on his police report, which was also admitted in evidence. The court held defendant to answer.

Defendant entered a plea of nolo contendere on April 22, 1991. His plea was made on the condition he be granted probation and serve no more than one year in county jail. In addition, a condition of his plea included that he be allowed to appeal the denial of his Penal Code section 995 motion.

On June 12, 1991, defendant was allowed to withdraw his plea because there…