[Download] "People v. Hilger" by In the Court of Appeal of the State of California Second Appellate District Division Eight " Book PDF Kindle ePub Free
eBook details
- Title: People v. Hilger
- Author : In the Court of Appeal of the State of California Second Appellate District Division Eight
- Release Date : January 18, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
A defendant may be convicted of child molestation based on "generic" testimony from the victim - "testimony describing a series of essentially indistinguishable acts of molestation." (People v. Jones (1990) 51 Cal.3d 294, 299-300 (Jones).) Because such testimony may fail to establish when the acts underlying the charges occurred, serious problems with the ex post facto application of newly enacted sentencing statutes may arise. This is such a case. We conclude it is the prosecutions responsibility to prove to the jury that the charged offenses occurred on or after the effective date of the statute providing for the defendants punishment. When the evidence at trial does not establish that fact, the defendant is entitled to be sentenced under the formerly applicable statutes even if he raised no objection in the trial court.