What is the test for determining whether a defendant has been convicted of a crime but has not been found guilty?

California, United States of America

The following excerpt is from Crump v. Superior Court of L. A. Cnty., 249 Cal.Rptr.3d 611, 37 Cal.App.5th 222 (Cal. App. 2019):

This facile contention cannot survive serious scrutiny. It omits the fundamental requirement of an actual verdict after trial or an admission by the defendant to a specific criminal charge. We are unaware of any principle under which we may conclude a defendant has been "convicted of the crime[ ]" ( 28, subd. (b)(13)(A)) in the absence of a verdict on or plea to that crime. And nothing in the case petitioners cite ( People v. Walker (2014) 231 Cal.App.4th 1270, 180 Cal.Rptr.3d 700 ( Walker )) persuades us otherwise. Walker does not stand for the proposition that restitution may be ordered for "criminal conduct" to which the defendant has not pleaded or been found guilty.

[37 Cal.App.5th 246]

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

What is the test for determining whether a defendant has been convicted of a prior criminal offence and therefore must proceed further to determine the conduct underlying the conviction? (California, United States of America)

Can a defendant who is convicted of receiving stolen property in one crime, but never charged or convicted of the other crime, be required to pay restitution for losses sustained in other crimes? (California, United States of America)

What is the basis for a conviction under section 654 of the California Criminal Code where a jury found a defendant guilty of two separate crimes, one of which was unlawful threat to kill, and the other of the crimes involved separate acts? (California, United States of America)

Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)

Can a jury double-count the factors used to determine whether a defendant has been convicted of a capital crime as a result of the factor? (California, United States of America)

What is the test for determining whether a reasonable trier of fact could have found defendant guilty beyond a reasonable doubt? (California, United States of America)

What rights does a jury have in determining whether a defendant should be found guilty of a criminal offence? (California, United States of America)

When determining whether a crime is factually impossible, can a defendant be convicted of an attempted grand theft by false pretenses? (California, United States of America)

What is the test for determining whether a defendant has been convicted of a crime and sentenced to time spent in prison or jail? (California, United States of America)

What is the test for determining whether a defendant can be convicted of a lesser included crime under section 1097 of the California Public Prosecutions Act? (California, United States of America)

What is the test for determining whether a defendant has been convicted of a crime but has not been found guilty?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources