How does the Court of Appeal review an enhancement?
California, United States of America
The following excerpt is from People v. Eason, C060562 (Cal. App. 2013):
"We review the sufficiency of the evidence to support [an] enhancement according to accepted rules of review: we view the record in the light most favorable to the prosecution and may not reverse the judgment if any rational trier of fact could have found the essential elements of the enhancement beyond a reasonable doubt." (People v. Frausto (2009) 180 Cal.App.4th 890, 897.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexsei.com.
Other Questions
What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
On appeal, can the court conduct an independent review of the transcript of the in camera hearing and the records reviewed by the trial court to determine whether any records were improperly withheld? (California, United States of America)
How will the Court of Appeal review the judgment of the Superior Court of Justice in the absence of any review? (California, United States of America)
What is the test for judicial review of the Court of Appeal's decision not to interfere with the Court on appeal? (California, United States of America)
When reviewing a challenge to a suppression ruling, how does the Court of Appeal review the factual findings of the trial court? (California, United States of America)
What is the test for a review court to order a review of a judgment made by the Superior Court of Appeal? (California, United States of America)
How does the Court of Appeal review a trial court's ruling to admit evidence over defendant's objection based on evidence section 352? (California, United States of America)
How does the Court of Appeal review the record on appeal? (California, United States of America)
Can an appellant seek review of an instruction in the Superior Court of Appeal where the original instruction was found to have made errors that could have been cured in the trial court? (California, United States of America)
When a court of appeal has an appealable judgment or order before it, does the court have jurisdiction to affirm, reverse or modify it? (California, United States of America)
