Is there any case law in which a defendant has pleaded not guilty to a charge of sexual assault?
California, United States of America
The following excerpt is from The PEOPLE v. VILLA, No. F057247, Super. Ct. No. BF122315A (Cal. App. 2010):
Villa contends the trial court erred when it considered the "multiple instances of sexual misconduct that count one encompassed as well as uncharged misconduct that took place when [he] was a juvenile." Villa argues his plea agreement did not include a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754 (Harvey)) and therefore the trial court could not consider conduct outside the charged offense to which he had entered a plea.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
Can a defendant appeal against his conviction for assault on a charge of assault against a defendant who pleaded guilty to the same charge? (California, United States of America)
What is the test for a motion for a retrial of a defendant who has pleaded guilty to a charge of sexual assault and a similar charge against the same defendant? (California, United States of America)
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)
If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)
Does pleading guilty to a lesser charge of sexual assault constitute pleading guilty? (California, United States of America)
In what circumstances will a prosecutor increase the sexual assault charge against a defendant to include additional sexual assault charges? (California, United States of America)
What options are available to a defendant in a sexual assault case where they have pleaded guilty to the same charges against two different defendants? (California, United States of America)
Can a defendant who has entered a guilty plea for the purposes of pleading not guilty to a charge of assault have the option of representing himself at trial? (California, United States of America)
Can a defendant plead guilty on appeal for the purposes of pleading guilty to assault? (California, United States of America)
