What are the implications of a finding of not guilty on count 2 of a charge of sexual assault?

California, United States of America


The following excerpt is from People v. Puterbaugh, F068625 (Cal. App. 2016):

"Although [Puterbaugh]'s conviction[ on count 2] cannot stand, it does not necessarily follow that the judgment must be unconditionally reversed. 'An appellate court is not restricted to the remedies of affirming or reversing a judgment. Where the prejudicial error goes only to the degree of the offense for which the defendant was convicted, the appellate court may reduce the conviction to a lesser degree and affirm the judgment as modified, thereby obviating the necessity for a retrial. [Citations.]" (People v. Edwards (1985) 39 Cal.3d 107, 118.)

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