[Download] "People V. Avina" by First Appellate District, Division Three Court of Appeal of California * Book PDF Kindle ePub Free

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eBook details

• Title: People V. Avina
• Author : First Appellate District, Division Three Court of Appeal of California
• Release Date : January 09, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Hector Adolfo Avina appeals his conviction on one count of continuous sexual abuse of a child (Pen. Code, § 288.5).*fn1 He contends he was deprived of his right to a unanimous jury verdict by an instruction, derived from language in the statute, allowing conviction without jury unanimity on which individual acts of abuse occurred. We find ourselves in agreement with the only previous decision on this point, People v. Higgins (1992) 9 Cal. App. 4th 294 [11 Cal. Rptr. 2d 694], that section 288.5 does not unconstitutionally deprive a defendant of a unanimous jury verdict. We affirm.

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