When will a court grant a motion under section 1118 of the California Criminal Code allowing the prosecution to proceed on a charge of sexual assault?
California, United States of America
The following excerpt is from People v. Jordan T. (In re Jordan T.), A144082 (Cal. App. 2016):
However, a court may carve out an exception for a lesser included offense when granting a section 1118 motion, in which case the prosecution may proceed on that theory. (People v. Powell (2010) 181 Cal.App.4th 304.) As the People point out, that is
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