What is the burden of proving element of the charged count?

California, United States of America


The following excerpt is from People v. Webber, B293095 (Cal. App. 2019):

The prosecution has the burden of proving element of the charged count. (People v. Cuevas (1995) 12 Cal.4th 252, 260.) "To determine whether the prosecution has introduced sufficient evidence to meet this burden, courts apply the 'substantial evidence' test. Under this standard, the court 'must review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidencethat is, evidence which is reasonable, credible, and of solid valuesuch that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.' [Citations.]" (Id. at pp. 260-261.)

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