Is there sufficient evidence to convict a man of possession of a stolen vehicle for driving under the influence of alcohol?
California, United States of America
The following excerpt is from People v. Edwin P. (In re Edwin P.), G052488 (Cal. App. 2017):
He raises two contentions on this point on the third element. The first is there was insufficient evidence of the underlying crime of receiving a stolen vehicle, a claim which we have already rejected. The second is there was insufficient evidence the felonious criminal conduct was committed by at least two gang members. (People v. Rodriguez (2012) 55 Cal.4th 1125, 1130.)
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