California Court of Appeal

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People v. Cowan, 258587

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

  • Decided
  • Published 2016/05/23




  • California Court of Appeal


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