T & O Mobile Homes Inc. v. United California Bank

Appellant was convicted by jury verdict of a single count of violation of Penal Code section 289, subdivision (a), penetration of the anal opening by a foreign object accomplished against the victims will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury for the purpose of sexual arousal, gratification or abuse. He was acquitted of a second count charging him with violation of Penal Code section 273a, subdivision (1), child endangerment. After his motion for a new trial was denied, appellant was sentenced to the aggravated term of eight years. He appeals contending (1) that the evidence of force, violence, duress, or menace within the contemplation of the statute was insufficient to support the verdict, (2) that the trial court erred in denying his motion for a new trial since the jury had been misled into believing that section 289 could be