California Court of Appeal

Convictions of sodomy of a person under age 10, Pen. Code, section 288.7(a), oral copulation with a person under age 10, section 288.7(b), and lewd acts on a child, section 288(a), with true findings that both lewd acts on a child involved substantial sexual conduct, section 1203.066(b), are affirmed where: 1) when a prosecutor argues to a jury the presumption of innocence and the burden of proof beyond a reasonable doubt, she or he may not mislead jurors with an incorrect explanation that lightens the prosecution's burden; but 2) the overwhelming evidence against the defendant and the trial judge's instructions rendered the misconduct harmless.

Appellate Information

• Published 2016/05/23

Judges

• GILBERT

Court

• California Court of Appeal

Counsel