Is the evidence sufficient to support a finding that a defendant in a drug case intended to sell methamphetamine?

California, United States of America


The following excerpt is from People v. Fisk, C058365 (Cal. App. 4/20/2009), C058365. (Cal. App. 2009):

We are not persuaded. In determining the sufficiency of the evidence on appeal, it does not matter that his behavior reasonably could be reconciled with a finding he did not intend to sell the methamphetamine. The question for us is not whether the jury reasonably could have reached a different conclusion; rather, it is whether any reasonable jury could have reached the conclusion this jury did. (People v. Redmond, supra, 71 Cal.2d at p. 755.) The answer to that question is "yes."

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