Is insufficient evidence sufficient to overturn a conviction of aiding and abetting premeditated murder?

California, United States of America


The following excerpt is from People v. Odom, A144378 (Cal. App. 2017):

Defendant maintains there was insufficient evidence to support her conviction of first degree murder under any of the prosecution's three theories: aiding and abetting premeditated murder, felony murder by aiding and abetting a kidnapping, and torture murder. We affirm the conviction if there is substantial evidence supporting any one of these theories. (See People v. Guiton (1993) 4 Cal.4th 1116, 1128 [Cases "in which the jury has merely been 'left the option of relying upon a factually inadequate theory,' or also phrased slightly differently, cases in which there was an 'insufficiency of proof[,]' . . . do[] not require reversal if at least one valid theory remains." (Italics omitted.).]

"In determining whether the evidence was sufficient . . . to sustain a conviction . . . ' "we 'examine the whole record in the light most favorable to the judgment to determine whether it discloses substantial evidenceevidence that is reasonable, credible and of solid valuesuch that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.' We presume in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. [] The same standard of review applies to cases in which the prosecution relies primarily on circumstantial evidence and to special circumstance allegations. '[I]f the circumstances reasonably justify the jury's findings, the judgment may not be reversed simply because the circumstances might also reasonably be reconciled with a contrary finding.' We do not reweigh evidence or reevaluate a witness's credibility." ' " (People v. Hajek and Vo (2014) 58 Cal.4th 1144, 1182-1183 (Hajek), overruled on another ground in People v. Rangel (2016) 62 Cal.4th

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1192, 1216.) Substantial evidence includes circumstantial evidence and the reasonable inferences flowing from it. (People v. Vang (2001) 87 Cal.App.4th 554, 563.)

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