What is the test for determining whether a defendant is guilty of a charge of sexual assault?
California, United States of America
The following excerpt is from People v. Garibay, F076861 (Cal. App. 2020):
told that this conclusion was "only one factor to consider along with all the other evidence. It is not sufficient by itself to prove that [appellant] is guilty of the charged offense or lesser included offense as charged here." We presume the jurors understood these instructions and followed them. (People v. Gonzales (2011) 51 Cal.4th 894, 940.)
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