In what circumstances will a jury at a sexual assault trial be allowed to retire to consider their verdict?

California, United States of America

The following excerpt is from The People v. Lloyd, B213027, No. TA093693 (Cal. App. 2010):

As in those decisions, the jury was properly instructed on the burden of proof and the presumption of innocence (CALCRIM No. 220) and a defendant's right not to testify (CALCRIM No. 355). There was "no reasonable likelihood that the jury misunderstood CALCRIM No. 300... [citations]... [and] we apply the usual presumption that jurors are able to correlate, follow, and understand the court's instructions." (People v. Ibarra, supra, 156 Cal.App.4th at p. 1190.) Accordingly, the jury was properly instructed.

7. Rehearing Is Required for the Victim Restitution Claim

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