California Court of Appeal

Defendants' sexual assault convictions are affirmed where: 1) the challenged jury instruction properly specified the required elements of the assault offense; and 2) a Mayberry instruction is not required in every case in which a defendant charged with a sexual offense offers consent as a defense.

Appellate Information

• Decided 06/16/2009
• Published 06/16/2009

Judges

• MARGULIES, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Richard C. Neuhoff, New Britain, CT, and Barbara A. Zuras, under appointment by the Court of Appeal, for Defendant and Appellant Tomelia Dillon., Riordan & Horgan, Dennis P. Riordan and Donald M. Horgan, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant Damien Danari Hall., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Stan Helfman and Mark S. Howell, Deputy Attorneys General, for Plaintiff and Respondent.