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California Court of Appeal


P. v. Lujano, 269153

Affirming the conviction of a man for sodomy of an intoxicated person because the failure of the trial court to instruct the jury that an actual and reasonable belief that the victim was capable of consent is a defense was a harmless error since the factual question posed by the suggested instruction was necessarily resolved against the defendant under the other instructions.

Appellate Information

  • Published 2017/09/11

Judges

  • MENETREZ

Court

  • California Court of Appeal

Counsel

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