What is the test for a reversal of a finding of not guilty of a charge of sexual assault?
California, United States of America
The following excerpt is from People v. Sanders, F073305 (Cal. App. 2017):
We need not address the issue further because a reversal is unwarranted unless the alleged prosecutorial misconduct was prejudicial, i.e., unless it is reasonably probable the jury would have reached a result more favorable to Sanders if the alleged misconduct had not occurred. (People v. Partida (2005) 37 Cal.4th 428, 439.) Such is not the case.
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