For the purposes of determining whether there was a factual basis for instructing a teacher on non-forcible oral sex, what is the legal basis for that instruction?
California, United States of America
The following excerpt is from People v. Cabrera, H037730 (Cal. App. 2013):
Again, for all the same reasons, we are not persuaded that there was a factual basis for instructing on non-forcible oral copulation. On the record before us as outlined ante, we cannot say that there was evidence which, if accepted by the jury, would have absolved appellant of the greater offense of forcible oral copulation but not the lesser offense of non-forcible oral copulation. (People v. Memro (1995) 11 Cal.4th 786, 871.)
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