Does the Court of Appeal have the power to overturn a conviction for sexual assault on the grounds that the trial court improperly instructed the jury to consider the issue of venue?
California, United States of America
The following excerpt is from People v. Gutierrez, 140 Cal.Rptr. 122, 72 Cal.App.3d 397 (Cal. App. 1977):
4 The court in People v. Thompson, supra, 144 Cal.App.2d Supp. 854, 301 P.2d 313, reversed the conviction primarily on the ground that the trial court improperly instructed the jury in respect to venue.
"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
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
Can a defendant bring an appeal to the Court of Appeal against a finding that the trial court wrongfully convicted him of 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 grounds of appeal have been appealed against the sentence of a convicted drug dealer convicted of possession of a drug with intent to commit a sexual assault? (California, United States of America)
Can a defendant appeal his convictions for assault and assault against the Court of Appeal for failing to instruct the jury on personal use of a deadly weapon and personal infliction of great bodily injury enhancements? (California, United States of America)
Does defendant have any grounds to argue that the Court of Appeal overturned a finding that a prosecutor improperly admitted evidence of sexual assault under section 352(b) of the California Evidence Code? (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)
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
Does appellant waive the issue of instructional error on appeal because she did not object to the instruction in the trial court? (California, United States of America)
In what circumstances will the Court of Appeal overturn a conviction for sexual assault against a man who was found guilty by reason of gross negligence? (California, United States of America)
