California Court of Appeal

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Peopel v. Cowan, 258587

Sentence and conviction 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 the lewd acts on a child involved substantial sexual conduct, section 1203.066(b), are reversed where: 1) a prosecutor may not mislead jurors with false and misleading statements concerning the law; and 2) in light of People v. Centeno (2014) 60 Cal.4th 659, the prosecution's win-at-all-costs strategy pushed this case over the precipice of reversal.

Appellate Information

  • Decided
  • Published 2017/02/23

Judges

  • GILBERT

Court

  • California Court of Appeal

Counsel