What is the burden of proving insufficient evidence to challenge a defendant's sexual assault conviction?

California, United States of America


The following excerpt is from People v. Diaz, 2d Crim. No. B293673 (Cal. App. 2019):

Z.D. was the victim in counts 1-4. Appellant contends that the evidence is insufficient to support his convictions on these counts. "[W]e review the entire record in the light most favorable to the judgment to determine whether it contains substantial evidencethat is, evidence that is reasonable, credible, and of solid valuefrom which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. [Citation.] We presume every fact in support of the judgment the trier of fact could have reasonably deduced from the evidence. [Citation.] . . . 'A reviewing court neither reweighs evidence nor reevaluates a witness's credibility.' [Citation.]" (People v. Albillar (2010) 51 Cal.4th 47, 60.) "Because 'we review the entire record in the light most favorable to the judgment . . .' [citation], the effect is that on appeal 'a defendant challenging the sufficiency of the evidence to support [his] conviction "bears a heavy burden," [citation] . . .' [citation] of showing insufficiency of the evidence . . . ." (People v. Powell (2011) 194 Cal.App.4th 1268, 1287.)

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