In a motion for review of a conviction for assault and robbery, in what circumstances will the Court uphold the conviction of defendant as a result of insufficient evidence to support the judgment?

California, United States of America


The following excerpt is from People v. Xavier James Fort, E065567 (Cal. App. 2018):

6. Of course, a different conclusion would be compelled if we had reversed the murder conviction due to insufficient evidence to support the judgment. (See Burks v. United States (1978) 437 U.S. 1 [57 L.Ed.2d 1, 98 S.Ct. 2141].)

7. In trial, defendant did not request instructions on voluntary manslaughter, although he did request instructions on imperfect self-defense.

8. The People point out that defendant's brief does not explain why he was entitled to a self-defense instruction for the robbery counts, and argues that, as to those counts, the argument has been forfeited, citing People v. Stanley (1995) 10 Cal.4th 764, 793. Defendant does not pursue the point, so we will not address that particular question.

9. The law went into effect after defendant filed his petition for review following our original opinion.

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