In a sexual assault case, can defendant appeal against his convictions for sexual assault against two different victims?

California, United States of America


The following excerpt is from The People v. Castellano, E048609, No. RIF135323 (Cal. App. 2011):

We agree that the victims' testimonies were not entirely consistent. For example, Victim-2 testified in court that defendant began molesting her when she was seven years old, but in the videotaped interview, Victim-2 stated that defendant began molesting her when she was three years old. It was the jury's duty to resolve the inconsistencies in the victims' testimonies. When reviewing a record for substantial evidence, it is our duty to resolve all inconsistencies in favor of the trier of fact's findings. (People v. Cortes (1999) 71 Cal.App.4th 62, 73-74.) Consequently, we are not persuaded that defendant's convictions must be reversed due to the victims' testimonies being inconsistent.

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