In reviewing a criminal conviction challenged as lacking evidentiary support, does the juvenile court have to consider the same questions in determining guilt beyond a reasonable doubt?

California, United States of America


The following excerpt is from In re John Z., 128 Cal.Rptr.2d 783, 29 Cal.4th 756, 60 P.3d 183 (Cal. 2003):

In reviewing a criminal conviction challenged as lacking evidentiary support we review the whole record in the light most favorable to the judgment to determine whether it discloses substantial evidence such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. (People v. Hillhouse (2002) 27

[128 Cal.Rptr.2d 793]

Cal.4th 469, 496, 117 Cal.Rptr.2d 45, 40 P.3d 754.) Presumably, in determining guilt beyond a reasonable doubt, the juvenile court would have to consider and resolve the same questions the majority declines to address. Because the record contains no indication the juvenile court did so, I respectfully dissent.

[128 Cal.Rptr.2d 793]

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