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


The following excerpt is from People v. Cabrera, F075531 (Cal. App. 2019):

Under these circumstances, the subsequent verdict of attempted sodomy is not surprising, and we do not discern from the record any connection between the verdict and the admission of the photograph. Defendant concedes the strength of the prosecution's case as to defendant's commission of unlawful sex acts with Doe, and we find no reasonable probability that defendant would have obtained a more favorable result had the photograph not been admitted. (People v. Aranda, supra, 55 Cal.4th at p. 354.)

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