P. v. Banks CA2/1
A jury convicted Adrian Eugene Banks (Appellant or Banks) of sexual penetration with a foreign object of an unconscious person (Pen. Code, § 289, subd. (d) ). On appeal, Banks argues, inter alia, that his conviction must be reversed because there was “no direct evidence of penetration of anything” and the circumstantial evidence of penetration was insufficient as a matter of law because it was “based on speculation, and guessing alone.” We agree and, accordingly, reverse the judgment.
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