California, United States of America
The following excerpt is from People v. Bicking, C081379 (Cal. App. 2016):
" 'When considering a challenge to the sufficiency of the evidence to support a conviction, we review the entire record in the light most favorable to the judgment to determine whether it contains substantial evidence -- that is, evidence that is reasonable, credible, and of solid value -- from which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.' [Citation.] We determine 'whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.' [Citation.] In so doing, a reviewing court 'presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence.' [Citation.]" (People v. Avila (2009) 46 Cal.4th 680, 701.) A reviewing court does not reweigh
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evidence or reevaluate a witness's credibility. (People v. Lindberg (2008) 45 Cal.4th 1, 27.)
Within the meaning of section 273.5, "cohabitation" is unrelated adults "living together in a substantial relationship -- one manifested, minimally, by permanence and sexual or amorous intimacy." (People v. Holifield (1988) 205 Cal.App.3d 993, 1000.) Although it is not necessary to prove "a full quasi-marital relationship," cohabitation requires "something more than a platonic, rooming-house arrangement." (Id. at pp. 999, 1002.) Factors that may determine cohabitation include, but are not limited to, sexual relations between the parties while sharing the same residence, sharing of income or expenses, joint use or ownership of the property, the parties' holding themselves out as marital partners, the continuity of the relationship, and the length of the relationship. ( 13700, subd. (b); Holifield, at p. 1001.)
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