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Archives - November 2011

1
Dec

REVIEWING THE SUFFICIENCY OF THE EVIDENCE ON APPEAL

The deputy district attorney was able to prove up two counts without the victim, but not four other counts. The defense motion to dismiss under PC 1118.1 was denied. After the defense rested, the DA found the victim and she testified to all counts. On appeal, the California Court of Appeal rejects the DA’s claim …

21
Nov

MULTIPLE CHILD PORN PICTURES ON MULTIPLE COMPUTERS. HOW MANY COUNTS?

When the defendant has multiple child porn pictures on multiple computers, for how many counts of possession of child porn can the defendant be found guilty? The C/A has ruled that the simultaneous possession of multiple items of one type of contraband constitutes a single violation, and that the simultaneous possession of two types of …

21
Nov

PLEADING GUILTY BARS AN APPEAL BASED ON LACK OF FACTS TO SUPPORT CHARGES

The defendant pled guilty. He admitted a factual basis for the plea. He then moved to withdraw his plea, on the basis that with respect to two of the victims, there were no facts showing that the sexual acts (on minors) were done by force or duress; if this were true, there would be insufficient …

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