What is the evidence that supports a not guilty plea in a sexual assault case?

California, United States of America


The following excerpt is from People v. Wilkerson, 6 Cal.App.4th 1571, 8 Cal.Rptr.2d 392 (Cal. App. 1992):

We turn now to the circumstances surrounding the sexual acts as shown in the police reports, mindful that we are not looking for evidence [6 Cal.App.4th 1580] sufficient to support a conviction in a trial after a not guilty plea. Instead, we are seeking to determine whether the reports contain sufficient information upon which the trial court could conclude there was a prima facie factual basis for the charges. (People v. Calderon (1991) 232 Cal.App.3d 930, 935, 283 Cal.Rptr. 833.)

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