What is the difference between counts 1 and 2 in a sexual assault case?
California, United States of America
The following excerpt is from People v. Blanco, D058144 (Cal. App. 2012):
The court's response to the jury's question clearly stated that each count was based on acts at different places and times. We presume the jury followed the instruction in the court's response. (See People v. Gray (2005) 37 Cal.4th 168, 231.) Based on this directive from the court, the jury necessarily found that count 1 and count 2 occurred at separate locations and times.
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