California Court of Appeal

Convictions on 16 counts of lewd acts on a child and three counts of aggravated sexual assault on a child are reversed as the jury was not instructed defendant could not be found guilty unless all of the elements of the charged offenses were proved by the prosecutor beyond a reasonable doubt, and thus defendant was denied his federal constitutional right to a jury verdict of guilty beyond a reasonable doubt.

Appellate Information

• Decided 01/31/2007
• Published 01/31/2007

Judges

• HUFFMAN, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Marianne Harguindeguy Cox, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert P. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Peter Quon, Jr. and Steve Oetting, Deputy Attorneys General, for Plaintiff and Respondent.