What is the test for reversing a conviction for sexual assault against a man who was found guilty of sexual assault by reason of gross negligence?
California, United States of America
The following excerpt is from People v. Scott, 229 Cal.App.3d 707, 280 Cal.Rptr. 274 (Cal. App. 1991):
[229 Cal.App.3d 726] For the reasons discussed above, and because error of this fundamental nature cannot be harmless (Sheppard v. Rees, supra, 909 F.2d 1234), I would reverse the conviction.
1 Unless otherwise noted all statutory references are to the Penal Code.
2 His trial was severed from two codefendants.
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