What is sufficient evidence to convict a defendant of second degree murder?

California, United States of America


The following excerpt is from People v. Robinson, F050760 (Cal. App. 4/1/2008), F050760 (Cal. App. 2008):

"Our role in reviewing the sufficiency of the evidence in a criminal case is a limited one. [Citation.] We examine the entire record in the light most favorable to the judgment below to determine whether it discloses substantial evidence such that any rational trier of fact could find the essential elements of the crime beyond a reasonable doubt. [Citations.] Substantial evidence is `"evidence which is reasonable, credible, and of solid value."' [Citation.] Although `mere speculation cannot support a conviction' [citation], the trier of fact is entitled to draw reasonable inferences from the evidence and we will `"`presume in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence.'"' [Citations.]" (People v. Bohana (2000) 84 Cal.App.4th 360, 367-368.)

Defendant was convicted of second degree murder. Second degree murder requires that the killing be accompanied by implied malice. "The concept of implied malice has both a physical and a mental component. [Citation.] The physical component is satisfied by the performance of `"an act, the natural consequences of which are dangerous to life."' [Citation.] The mental component ... involves an act `"deliberately performed by a person who knows that [her] conduct endangers the life of another and who acts with conscious disregard for life...."' [Citation.]" (People v. Nieto Benitez (1992) 4 Cal.4th 91, 106-107.)

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