California, United States of America
The following excerpt is from People v. Montero, 185 Cal.App.3d 415, 229 Cal.Rptr. 750 (Cal. App. 1986):
Regardless, we have found sufficient evidence in the record absent the testimony elicited by defense counsel on the December 20, 1981 and September 21, 1984 incidents to show force and fear. Thus, even assuming incompetence of counsel, it is not probable a more favorable result would [185 Cal.App.3d 427] occur on remand in the absence of the evidence adduced on cross-examination. (People v. Watson (1956) 46 Cal.2d 818, 836-837, 299 P.2d 243.)
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