P. v. Cruz
Defendant and appellant Michael Lee Cruz was convicted by a jury in case No. SWF023218 of one count of sexual battery with restraint (Pen. Code, 243.4, subd. (a))and one count of a lewd and lascivious act on a child ( 288, subd. (c)(1)). Based on the same allegations and evidence presented at the trial in case No. SWF023218, the trial court also found defendant violated the conditions of his probation in case No. SWF013474. He now appeals the jurys verdict and the trial courts findings in each of these cases because he contends there was insufficient evidence to support the unlawful restraint element of the sexual battery offense. ( 234.4, subd. (a).) Court affirm.
Comments on P. v. Cruz