Is a jury entitled to a presumption that drugs were used to convict a defendant of 185 counts of rape?
California, United States of America
The following excerpt is from People v. Lopez, F074765 (Cal. App. 2019):
We are unpersuaded by defendant's bare argument that in convicting him of 185 counts of rape, the jury relied on the six incidents where drugs were employed. Defendant is not entitled to a presumption that the jury relied on an unreasonable factual theory in convicting him and we find no indication in the record that it did so. (People v. Ghobrial, supra, 5 Cal.5th at pp. 277-278, quoting People v. Guiton, supra, 4 Cal.4th at
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