Is there sufficient evidence to convict defendant on count five of assault under section 288 of the California Code of Civil Procedure?

act. Here, there was no evidence that defendant grabbed, held, or restrained N. There was no evidence that he said anything to her. There was no evidence that, during this incident, he made any threat, verbally or nonverbally. The scanty evidence with respect to this particular incident does not satisfy the substantial evidence test on the element of force or duress. (Cf. People v. Espinoza, supra, 95 Cal.App.4th at pp. 1318-1322 [insufficient evidence of duress].) Accordingly, the conviction on count five must be reduced to a violation of section 288, subdivision (a).