What is the test for determining whether a defendant has been found guilty of a criminal offence?
California, United States of America
The following excerpt is from People v. Cliff B., A136992 (Cal. App. 2014):
3. (See Santa Clara County Local Transportation Authority v. Guardino (1995) 11 Cal.4th 220, 230 [" 'A fundamental and longstanding principle of judicial restraint requires that courts avoid reaching constitutional questions in advance of the necessity of deciding them.' "].)
4. The facts of the underlying offense are not relevant to the issue on appeal.
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