How have the courts interpreted section 11378.5(1) of the Criminal Code when determining whether a defendant was convicted of a charge of sexual assault?
MultiRegion, United States of America
The following excerpt is from U.S. v. Hale, 69 F.3d 545 (9th Cir. 1995):
A common element of each of the charges to be proved against Hale was his conviction under section 11378.5. To win its case, the government had to prove this fact to the jury. See United States v. Barker, 1 F.3d 957, 959 (9th Cir.1993) (citing United States v. Lloyd, 981 F.2d 1071, 1072 (9th Cir.1992)), as amended, 20 F.3d 365 (9th Cir.1994). The defendant claims that the trial judge, rather than allowing the jury to decide this fact, instructed the jury that the defendant had been so convicted.
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