What is the test for a jury to convict a defendant of a sexual assault where there are more than one factual basis for conviction?

California, United States of America


The following excerpt is from People v. Steele, 164 Cal.App.4th 1195, 79 Cal. Rptr. 3d 866 (Cal. App. 2008):

(7) "Where the jury receives evidence of more than one factual basis for a conviction, the prosecution must select one act to prove the offense, or the court must instruct the jury that it must unanimously agree on one particular act as the offense. [Citations.] A unanimity instruction is not required if the evidence shows one criminal act or multiple acts in a continuous course of conduct." (People v. Jantz (2006) 137 Cal.App.4th 1283, 1292 [40 Cal.Rptr.3d 875] (Jantz).)

"The `continuous conduct' rule applies when the defendant offers essentially the same defense to each of the acts, and there is no reasonable basis for the jury to distinguish between them." (People v. Stankewitz (1990) 51 Cal.3d 72, 100 [270 Cal.Rptr. 817, 793 P.2d 23].)

Other Questions


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)
What is the difference between a sexual assault conviction and a conviction for sexual assault? (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)
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)
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)
What is the relevant factual and procedural history related to the contentions raised by defendant in his motion to appeal his sexual assault conviction? (California, United States of America)
In assessing the sufficiency of the evidence to support a conviction, what is the test for a jury to convict a defendant of sexual assault? (California, United States of America)
When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
What is the test for a jury to convict a defendant of sexual assault on the basis of lingering doubt as to the nature of the crime? (California, United States of America)
In what circumstances will a prosecutor increase the sexual assault charge against a defendant to include additional sexual assault charges? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.