What is the disposition of a conviction for aggravated sexual assault on a child?

California, United States of America


The following excerpt is from People v. Reyes, H041629 (Cal. App. 2016):

Defendant appealed from the judgment of conviction. This court concluded that there was insufficient evidence of force or duress to support counts 2-17, 19, 21, 23, 24, and 26-28. This court additionally concluded that defendant was denied his right to discharge retained counsel at the sentencing hearing. Given these conclusions, this court issued the following disposition order: "The judgment is reversed. We remand to the trial court with the following directions: (1) strike the aggravated sexual assault on a child convictions in counts 27 and 28; (2) reduce the forcible lewd conduct convictions in counts 3, 5, 7, 9 and 11 to non-forcible lewd conduct in violation of section 288, subdivision (a); (3) reduce the forcible rape convictions in counts 4, 6, 8, 10, 13, 14, 16, 17, 19, 21, and 24 to unlawful sexual intercourse with a minor in violation of section 261.5, subdivision (d); (4) reduce the forcible rape conviction in count 26 to unlawful sexual intercourse with a minor in violation of section 261.5, subdivision (c); (5) reduce the forcible sexual penetration by a foreign object conviction in count 2 to non-forcible sexual penetration by a foreign object in violation of section 289, subdivision (j); (6) reduce the forcible oral copulation convictions in counts 12, 15, and 23 to non-forcible oral copulation in violation of section 288a, subdivision (b)(2); (7) conduct a new sentencing hearing for all counts with defendant afforded the opportunity to be represented by a new attorney." (People v. Reyes (Oct. 28, 2013, H036867) [nonpub. opn.].)

Other Questions


What if the jury had been asked to convict Peralta of unlawful sexual intercourse with a minor instead of aggravated rape or aggravated sexual assault by rape? (California, United States of America)
Can a defendant who sexually assaults a child under age 14 be convicted of both sexual assault and lewd conduct based on the same act? (California, United States of America)
What is the difference between a sexual assault conviction and a conviction for sexual assault? (California, United States of America)
What is the test for a jury to convict a defendant of aggravated sexual assault of a child? (California, United States of America)
Is there any case law where a defendant has been convicted of lewd and lascivious acts with a child who was convicted of a serious sexual assault prior to his sentencing? (California, United States of America)
Can a defendant be convicted of aggravated sexual assault of a child in violation of section 269, subdivision (a)(5) of the California Criminal Code? (California, United States of America)
Can a defendant who has a history of criminal convictions for assault, assault and sexual assault receive a conditional discharge from the Court of Appeal? (California, United States of America)
In a sexual assault case, can defendant appeal against his convictions for sexual assault against two different victims? (California, United States of America)
What is the test for overturning convictions for aggravated sexual assault of a child by forcible sodomy? (California, United States of America)
What is the test for reversing a conviction for sexual assault against a man who was found guilty of sexual assault by reason of gross negligence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.