Arnold

Defendant, Richard E. Arnold, a high school teacher and wrestling coach, was convicted by jury of five felony counts and six misdemeanor counts arising from sexual conduct with two of his female high school students. The trial court sentenced him to prison for a total unstayed term of six years. Defendant appeals, claiming the evidence was insufficient to support four of the counts. He also claims the court abused its discretion in permitting the People to amend count XII from a charge pursuant to Penal Code section 243.4, subdivision (a), to one under section 243.4, subdivision (c). In the published portion of our opinion, in determining whether substantial evidence supported counts I and VI involving victim Virginia S., we discuss the meaning of “unlawful restraint” as an element of sexual battery pursuant to section 243.4, subdivision (a).

I. Facts

A. Virginia S. (Counts I Through VII)

In the spring of 1989, 17-year-old Virginia S. was an 11th grade student. Defendant was her algebra instructor. She was infatuated with him. On February 24, 1989, defendant asked Virginia to meet him behind the gymnasium so that they could go running together. The two ran from the…