Does the Attorney General have any grounds to overturn a conviction for sexual assault against a man who was convicted of the same offences in the same Tahl form?

California, United States of America


The following excerpt is from People v. Lopez, G051743 (Cal. App. 2016):

Relying on Descamps v. United States (2013) 570 U.S. ___ [133 S.Ct. 2276], Lopez argues the trial court erred by considering evidence other than the record of his prior conviction in determining the truth of those allegations. He also argues the record of conviction alone was insufficient evidence to sustain the conviction. The Attorney General argues the Tahl form alone was sufficient evidence to sustain the conviction, declining to address the argument consideration of extrinsic evidence violated his right to trial by jury.

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