What is the test for insufficiency of evidence in a retrial of an allegation of sexual assault?
California, United States of America
The following excerpt is from People v. Xavier James Fort, E065567 (Cal. App. 2018):
insufficiency (see People v. Scott (2000) 85 Cal.App.4th 905, 924 [involving retrial of a prior conviction allegation which was reversed for insufficiency of evidence]), the same is not true where the legal theory of guilt has changed.
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