What is the burden of proving a defendant guilty of a charge of sexual assault?

California, United States of America


The following excerpt is from People v. Jama, D059604, D062197 (Cal. App. 2013):

convicted, we presume the evidence of that element was sufficient, and the defendant bears the burden of convincing us otherwise. To do so, the defendant . . . must set forth in his opening brief all of the material evidence on the disputed element in the light most favorable to the prosecution, and then must persuade us that that evidence cannot reasonably support the jury's verdict." (People v. Battle (2011) 198 Cal.App.4th 50, 62; see also People v. Sanghera (2006) 139 Cal.App.4th 1567, 1574 ["If the defendant fails to present us with all the relevant evidence, or fails to present that evidence in the light most favorable to the People, then he cannot carry his burden of showing the evidence was insufficient because support for the jury's verdict may lie in the evidence he ignores."].)

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