California Court of Appeal

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People v. Olivas, 040864

Conviction for 9 felony counts of aggravated sexual assault are reversed where: 1) defendant's trial counsel did not provide ineffective assistance of counsel by failing to request a jury instruction about voluntary intoxication; but 2) the trial court committed prejudicial error when it incorrectly informed the jury that it could not consider an alternate count if it was hung on another charged count. The Court affirmed defendant's conviction on remaining counts for continuous sexual abuse and forcible lewd acts.

Appellate Information

  • Decided
  • Published 2016/06/28

Judges

  • MARQUEZ

Court

  • California Court of Appeal

Counsel