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People v. Galvarino-Gonzalez

California Court of Appeal
2003 WL 21214264 (2003)


Facts

Hector Galvarino-Gonzalez (defendant) forcibly took a mentally retarded woman from outside her apartment and drove her to a motel. On the way to the motel, Galvarino-Gonzalez repeatedly touched the victim although she asked him not to. He then locked her in a motel room and continued to touch her despite her demands that he stop. Galvarino-Gonzalez attempted to take off the victim’s pants and a physical struggle ensued. Galvarino-Gonzalez eventually removed the victim’s pants and raped her multiple times. Galvarino-Gonzalez appealed his forcible rape conviction on the ground that there was insufficient evidence to support it.

Rule of Law

Issue

Holding and Reasoning (O’Leary, J.)

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