California v. Brown
Annotate this CaseThe Supreme Court made it clear that ordinarily, a conviction on any factual theory that is supported by the evidence will be upheld. The Court of Appeal concluded that this case, however, comes under an exception to that rule: when the prosecution has elected to proceed on one factual theory, and when that election has obviated the need for a unanimity instruction, courts are bound by the prosecution’s election. Darnell Brown was found guilty of rape in concert of a minor 14 or older, forcible rape, rape of an intoxicated person, and rape of an unconscious person. He was sentenced to a total of 29 years in prison, along with the usual fines. Defendant raised a host of contentions as grounds for appeal, including that there was insufficient evidence of force to support the convictions for rape in concert and forcible rape. Here, because the prosecution’s elected factual theory was not supported by substantial evidence, the Court reversed defendant’s rape in concert and forcible rape convictions and modified the judgment accordingly.
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