How is insufficient evidence determined in a criminal case?

California, United States of America


The following excerpt is from People v. Arceo, B218758, Los Angeles County Super. Ct. No. TA079230 (Cal. App. 2011):

We review a claim of insufficient evidence by determining whether, viewing the whole record in the light most favorable to the prosecution, the record discloses substantial evidence--evidence which is reasonable, credible, and of solid value--from which a reasonable trier of fact could have found the essential elements of the crime beyond a reasonable doubt. (People v. Osband (1996) 13 Cal.4th 622, 690.) We presume in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. (Ibid.) The same standard applies to allegations that a crime was committed for the benefit of a gang.

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