What is the test for a jury to convict a defendant in a sexual assault case?

California, United States of America


The following excerpt is from People v. Martinez, B287389 (Cal. App. 2019):

At bottom, defendant contends that the convictions should not be upheld here because "[t]he circumstances here pale in comparison to cases where appellate courts have held that the defendant placed their [sic] children in danger of great bodily injury or death." He directs us to several cases which he accurately characterizes as having "extreme facts where the children faced dire circumstances." The existence of these more severe cases does not negate the dangerous nature of defendant's conduct here. "When we decide issues of sufficiency of evidence, comparison with other cases is of limited utility, since each case necessarily depends on its own facts." (People v. Thomas (1992) 2 Cal.4th 489, 516.) The pertinent question is whether a reasonable jury could conclude defendant willfully exposed his

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