What is the test for reversing a conviction of a defendant who was convicted of a lesser charge of sexual assault?
California, United States of America
The following excerpt is from People v. Kilgore, C060057 (Cal. App. 11/17/2009), C060057. (Cal. App. 2009):
When the jury convicts a defendant of both the greater and the lesser offense, and the evidence supports the verdict as to the greater offense, the conviction of the lesser offense must be reversed. (People v. Moran (1970) 1 Cal.3d 755, 763.) We therefore reverse defendant's conviction on count 1.
"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
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)
Can a defendant be charged with a charge of assault with intent to cause grievous bodily harm against a defendant who was previously convicted of a minor assault? (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)
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 is the test for a jury to convict a defendant of a lesser charge of sexual assault? (California, United States of America)
What is the difference between a sexual assault conviction and a conviction for sexual assault? (California, United States of America)
Can a defendant who has a history of criminal convictions for assault, assault and sexual assault receive a conditional discharge from the Court of Appeal? (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)
Does a jury need to convict a defendant of a lesser charge before the charge requiring acquittal of the greater charge is considered? (California, United States of America)
In a sexual assault case, can defendant appeal against his convictions for sexual assault against two different victims? (California, United States of America)
