Does a trial court have to go beyond inference and into the realm of speculation to find support for the defense?
California, United States of America
The following excerpt is from People v. Wash, B276910 (Cal. App. 2018):
Cal.4th 1199, 1206.) Although all reasonable inferences must be drawn in support of the defense, the trial court "may not 'go beyond inference and into the realm of speculation in order to find support for [the defense]. A finding . . . which is merely the product of conjecture and surmise may not be affirmed.' " (People v. Memro (1985) 38 Cal.3d 658, 695, overruled on another ground in People v. Gaines (2009) 46 Cal.4th 172, 181, fn. 2.)
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