Is there any case law or case law in which a defendant has been successful in appealing against his conviction for sexual assault?

California, United States of America


The following excerpt is from People v. Bryant, S049596 (Cal. 2014):

Smith also contends the trial court improperly disregarded his mitigating evidence. To the contrary, the record demonstrates the court considered the evidence, which it specifically recounted. It simply found it unpersuasive. (See People v. Thomas, supra, 54 Cal.4th at p. 948.) The court explained: "[t]he manner of these crimes, heinous nature of these crimes, and the other crimes committed by [Smith] outweigh hugely not just substantially, but hugely any attempt that [he] has made to explain or mitigate his actions or to even [garner] sympathy in the fact finder or the court. [] And the jury was correct, I believe, absolutely in their verdict, legally, morally and in any other way, and I adopt it without hesitation."

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