What is a "legally incorrect theory" in the context of sexual assault cases?
California, United States of America
The following excerpt is from People v. Cortez, B291280 (Cal. App. 2019):
7. A " 'legally incorrect theory' " is one " 'which, if relied upon by the jury, could not as a matter of law validly support a conviction of the charged offense.' " (People v. Calderon (2005) 129 Cal.App.4th 1301, 1306; People v. Harris (1994) 9 Cal.4th 407, 419.)
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