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PEOPLE v. COWAN

No. B258587.

8 Cal.App.5th 1152 (2017)

THE PEOPLE, Plaintiff and Respondent, v. RONALD J. COWAN, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

February 23, 2017.

Attorney(s) appearing for the Case

Joshua L. Siegel, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Paul M. Roadarmel, Jr., and David F. Glassman, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

The prosecutor achieved a victory at trial, but it was a Pyrrhic victory. The gain of a conviction at trial led to a loss on appeal.

In rebuttal, during closing argument, the prosecutor told the jury, "Let me tell you that presumption [of innocence] is over. Because that presumption is in place only...

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