What is the evidence that supports a finding that defendant used force on at least one occasion to commit a lewd and lascivious act against his daughter?

California, United States of America


The following excerpt is from People v. Palomar, F067273 (Cal. App. 2015):

This record contains evidence that is reasonable, credible and of solid value upon which the jury could find defendant used force on at least one occasion to commit a lewd and lascivious act against his daughter. (People v. Watkins, supra, 55 Cal.4th at pp. 1019-1020.)

We are not persuaded by defendant's reliance upon People v. Senior (1992) 3 Cal.App.4th 765, nor do we agree with defendant that the holdings of People v. Neel, supra, 19 Cal.App.4th 1784 and People v. Bolander (1994) 23 Cal.App.4th 155 dictate another outcome here. Briefly stated, we agree with the other appellate courts that have rejected Senior.

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