What is the test for a criminal defendant to successfully appeal against his conviction for sexual assault?

California, United States of America


The following excerpt is from People v. Luna, B267333 (Cal. App. 2017):

[Citation.]" (People v. Sanghera (2006) 139 Cal.App.4th 1567, 1573.) "Perhaps the most fundamental rule of appellate law is that the judgment challenged on appeal is presumed correct, and it is the appellant's burden to affirmatively demonstrate error. [Citation.] Thus, when a criminal defendant claims on appeal that his conviction was based on insufficient evidence of one or more of the elements of the crime of which he was convicted, we must begin with the presumption that the evidence of those elements was sufficient, and the defendant bears the burden of convincing us otherwise. To meet that burden, it is not enough for the defendant to simply contend, 'without a statement or analysis of the evidence, . . . that the evidence is insufficient to support the judgment[] of conviction.' [Citation.] Rather, he must affirmatively demonstrate that the evidence is insufficient." (Ibid.)

b. Elements of the charged offense.

Other Questions


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 factual and procedural background to a motion of appeal against the conviction of defendant in the case of defendant's sexual assault conviction? (California, United States of America)
Can a defendant appeal his conviction on count four of the most serious sexual assault charge under section 803, subdivision 1 of the Federal Criminal Code? (California, United States of America)
On a motion to strike from the criminal record of a defendant who was convicted of sexual assault, can the motion be struck from a criminal record? (California, United States of America)
Can a defendant appeal against his conviction for assault on a charge of assault against a defendant who pleaded guilty to the same charge? (California, United States of America)
Is there any case law or case law in which a defendant has been successful in appealing against his conviction for sexual assault? (California, United States of America)
Can a defendant appeal against his conviction for sexual assault against the evidence that supports his conviction? (California, United States of America)
Can a defendant appeal from a judgment of conviction for sexual assault in a direct appeal? (California, United States of America)
Can a criminal defendant assert a claim against the statute of limitations for sexual assault on appeal after conviction? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.