Is there sufficient evidence to support appellant's claim that insufficient evidence supports his claim that he was convicted of failing to follow an instruction?

California, United States of America


The following excerpt is from People v. Garcia, B272046 (Cal. App. 2018):

Appellant's related third claim, that insufficient evidence supports his conviction on count 2, essentially restates the analysis underlying his present instructional claim. The standards for determining the sufficiency of evidence supporting an instruction and a conviction are the same. (People v. Nguyen (1993) 21 Cal.App.4th 518, 528-529.) Our rejection of appellant's present claim compels rejection of his claim that insufficient evidence supports his conviction on count 2.

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