What is the test for overturning a finding that a defendant has been found guilty of a charge of sexual assault against two different defendants?
California, United States of America
The following excerpt is from People v. Byrd, F077681 (Cal. App. 2020):
"Second, even if the trial court's ruling was proper as a matter of state law, we will reverse the judgment if the defendant shows that joinder of the charges actually resulted in ' " 'gross unfairness' " ' amounting to a denial of due process during the guilt phase." (Simon, supra, 1 Cal.5th at p. 123; accord, People v. Avila (2006) 38 Cal.4th 491, 575.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
What is the effect of Section 969a of the California Criminal Code when a jury has found a defendant not guilty of a charge of assault but found him guilty of the same charge? (California, United States of America)
Can a defendant be found guilty of an assault charge under section 136.1, subdivision (a)(2) of the California Criminal Code for an alleged sexual assault committed against a witness? (California, United States of America)
What is the test for a motion for a retrial of a defendant who has pleaded guilty to a charge of sexual assault and a similar charge against the same defendant? (California, United States of America)
Can a defendant appeal against his conviction for assault on a charge of assault against a defendant who pleaded guilty to the same charge? (California, United States of America)
If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)
In what circumstances will a prosecutor increase the sexual assault charge against a defendant to include additional sexual assault charges? (California, United States of America)
What options are available to a defendant in a sexual assault case where they have pleaded guilty to the same charges against two different defendants? (California, United States of America)
What is the evidence supporting a finding that a person who was found guilty of sexual assault by reason of abuse has been found guilty by a jury? (California, United States of America)
Is there any case law where a defendant has been found not guilty of a charge but found guilty of assault? (California, United States of America)
