What is the test for reversal of a verdict of guilty on a charge of contributing to the delinquency of a child?

California, United States of America


The following excerpt is from People v. Dyer, 2d Crim. No. B271843 (Cal. App. 2017):

Each count in an information stands upon its own merit. "'[A] verdict of either conviction or acquittal upon one count has no bearing upon the verdict with respect to another count. A verdict of conviction on one count which appears inconsistent with a verdict of acquittal on another count shall afford no basis for a reversal where the evidence is sufficient to support the conclusion that the defendant is guilty of the offense of which he stands convicted, regardless of how similar the facts underlying each count are.' [Citation.]" (People v. Lara (1996) 43

Page 8

Cal.App.4th 1560, 1568, fn. 4; Pen. Code, 954 ["An acquittal of one or more counts shall not be deemed an acquittal of any other count"]; People v. Pahl (1991) 226 Cal.App.3d 1651, 1656-1657.)

For example, a defendant may be convicted of contributing to the delinquency of a child, but acquitted of lewd conduct with the same child, though both charges are based on the same act. (People v. Codina (1947) 30 Cal.2d 356, 360-361.) Despite the inconsistency, the guilty verdict is not a nullity because "each count must stand upon its own merit[.]" (Id. at p. 361) Quite simply, "defendant has had the advantage of the jury's leniency in the disposal of the . . . charges[.]" (Ibid.)

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