Is there sufficient evidence to support a defendant's claim that the attempted murder of a bystander was due to a battery or confrontation that disturbs the peace against a rival gang member?

California, United States of America


The following excerpt is from People v. Garcia, B266328 (Cal. App. 2019):

Defendant argues that there is insufficient evidence that a reasonable person in his situation would recognize that the attempted murder of a bystander (such as the woman outside the apartment or the homeless man) might be a natural and probable consequence of a battery or confrontation that disturbs the peace against a rival gang member. In evaluating this sufficiency challenge, we ask whether there was "substantial evidence"namely, evidence that is reasonable, credible and of solid valueto support the jury's finding. (People v. Banks (2014) 59 Cal.4th 1113, 1156 (Banks), overruled on other grounds by People v. Scott (2015) 61 Cal.4th 363, 391.) In so doing, we view the evidence in the light most favorable to the jury's finding and draw all reasonable inferences to support that finding. (Ibid.)

We conclude that the evidence was sufficient to support the

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