California Court of Appeal

Defendant's conviction for failure to register as a sex offender is reversed and remanded, where: 1) the doctrine of invited error does not apply; 2) the trial court committed prejudicial instructional error; 3) the instructional error was not harmless beyond a reasonable doubt; and 4) because the evidence is insufficient to prove that defendant's spousal rape conviction involved force or violence, he cannot be retried for failure to register as a sex offender on the basis of the conduct at issue in this case.

Appellate Information

• Decided 08/06/2013
• Published 08/06/2013

Judges

• JOHNSON

Court

• California Court of Appeal

Counsel