What is the test for a successful appeal against a finding that a mentally disordered sex offender has been found guilty of sexual assault?
California, United States of America
The following excerpt is from People v. Jetter, 124 Cal.Rptr. 633, 15 Cal.3d 407, 540 P.2d 1217 (Cal. 1975):
Appellant contends, and respondent concedes, that the order appealed from must be reversed. In People v. Burnick (1975) 14 Cal.3d 306, 332, 121 Cal.Rptr. 488, 535 P.2d 352, we held that application of the 'beyond a reasonable doubt' standard is constitutionally compelled in mentally disordered sex offender proceedings. The record in this case does not reflect application of that standard, and we
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The order appealed from is reversed.
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