What is the relevant case law regarding allegations of sexual assault made against appellant in a sexual assault case?
California, United States of America
The following excerpt is from People v. Arellano, F060881, Super. Ct. No. F08900642 (Cal. App. 2012):
The information alleged that appellant committed two separate acts of lewd conduct between August 27, 2001, and April 15, 2002.7 Appellant contends there is insufficient evidence to sustain his convictions because the incidents A. testified to did not occur during the time period alleged. We disagree. Despite our reversal of appellant's convictions on counts 1 and 2, we must consider appellant's contention because, if he were correct, retrial would not be allowed. (Burks v. United States (1978) 437 U.S. 1, 11 [retrial barred after reversal for evidentiary insufficiency].)
The role of the appellate court in reviewing the sufficiency of the evidence is limited.
"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.
