In a motion for a new trial on a charge of sexual assault brought by defendant Perez, who has pleaded not guilty to the charge, is the evidence insufficient to support his claim of insufficiency of evidence?
California, United States of America
The following excerpt is from People v. PEREZ, D056276, No. FBV4161 (Cal. App. 2011):
18 As discussed below, we remand this matter for a new hearing on Perez's motion for a new trial. We reach the appellate claim of insufficiency of the evidence because, were Perez to prevail on this appellate claim, we would be required to vacate the conviction and a new prosecution would be barred based on double jeopardy principles. (Burks v. U.S. (1978) 437 U.S. 1, 18.)
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