Does the absence of a statutory reference to sexual assault constitute prejudicial error?
California, United States of America
The following excerpt is from People v. Gutierrez, C087270 (Cal. App. 2018):
1. We requested and received supplemental briefing as to whether this omission was prejudicial error. We conclude that it was not. (See Pen. Code, 1192.5; Ballard v. Municipal Court (1978) 84 Cal.App.3d 885, 888-892.)
2. Undesignated statutory references are to the Penal Code.
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