California, United States of America
The following excerpt is from People v. Hurtado, B228634 (Cal. App. 2012):
The speed with which the jury made its decision suggests it did not struggle in finding defendant not credible, or in concluding the prosecutor had proved the elements of the crimes as charged. (People v. Robertson (1982) 33 Cal.3d 21, 36 [short jury deliberations likely reflected the strength of the prosecution's case].) As noted above, in light of the overtly sexualized nature of the touching in this case, and the absence of any innocent explanation, it is not reasonably probable the jury would have concluded defendant engaged in offensive but nonsexual touching if the court had instructed on battery as a lesser included offense.
The judgment is affirmed.
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