When a defendant alleges that the jury has rendered inconsistent verdicts in his sexual assault case, what is the test for reversal of the verdict?

California, United States of America


The following excerpt is from The People v. Smith, H034482, No. SS080708A (Cal. App. 2010):

When a defendant contends that the jury has rendered inconsistent verdicts, we independently review the record to determine whether there is sufficient evidence to support the convictions and findings rendered by the jury, and whether a reversal is warranted. (People v. Lewis (2001) 25 Cal.4th 610, 656 (Lewis).) In this case, the prosecutor informed the jury during closing argument that the two counts charged against defendant were "charged in the alternative." Section 954 provides in part: "An accusatory pleading may charge... different statements of the same offense... under separate counts.... An acquittal of one or more counts shall not be deemed an acquittal of any other count."

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