What is the compelling case law in support of a motion to dismiss an allegation of sexual assault brought by appellant against him?

Finally, there is another equally compelling reason why appellant's argument must fail. The record indicates that the evidence at issue here would [191 Cal.App.3d 1494] not have proven appellant's innocence but the reverse. In an interview of Barron and Ceja by police before sentencing and after entry of their pleas, the two witnesses implicated appellant in the crime. A police report reflecting this interview and the witnesses' statements was apparently provided to the trial court by the prosecution in response to appellant's dismissal motion. While there is no duty on the part of appellant to establish with certainty that the testimony of Barron and Ceja would have been favorable (see Cordova v. Superior Court (1983) 148 Cal.App.3d 177, 184, 195 Cal.Rptr. 758), evidence which indicates the contrary cannot be overlooked.