In what circumstances will a defendant be granted relief from his conviction on count 6 of a sexual assault charge?

California, United States of America


The following excerpt is from People v. Kumar, C068932 (Cal. App. 2012):

4. In his opening brief, defendant asserts that his conviction on count 6 should be reversed. In his reply brief, he asserts that this court, "in the alternative," could reduce it to a misdemeanor. We do not consider arguments raised first in the reply brief without a showing of good cause for not raising them sooner. (Neighbours v. Buzz Oates Enterprises (1990) 217 Cal.App.3d 325, 335, fn. 8.) In any event, because we find defendant has shown no prejudice from his conviction on count 6 as a felony, we would not grant such relief.

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