California, United States of America
The following excerpt is from People v. Hogue, 228 Cal.App.3d 1500, 279 Cal.Rptr. 647 (Cal. App. 1991):
[228 Cal.App.3d 1505] In People v. Majado (1937) 22 Cal.App.2d 323, 70 P.2d 1015, the defendant was twice charged with failing to provide for his minor child. The issue was whether his conviction and judgment on the charge of failure to provide was conclusive on the question of parentage in a subsequent prosecution for failure to provide for the same child. In Majado the determination of whether defendant was the father of the minor child as reflected in the prior judgment was "inseparably a part of that [the prior] conviction." (22 Cal.App.2d at p. 326, 70 P.2d 1015.) Here, the determination of identity of appellant as the person who violated section 289, subdivision (j), is not an inseparable part of the judgment of conviction on the related counts. Reversal of the conviction for violation of section 289, subdivision (j) precludes the operation of collateral estoppel regarding any issue necessary to a finding of whether appellant is guilty of that offense.
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.