What is the legal test for a claim of insufficient evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Smith, F071775 (Cal. App. 2016):

"In reviewing a sufficiency of evidence claim, the reviewing court's role is a limited one. ' "The proper test for determining a claim of insufficiency of evidence in a criminal case is whether, on the entire record, a rational trier of fact could find the defendant guilty beyond a reasonable doubt. [Citations.] On appeal, we must view the evidence in the light most favorable to the People and must presume in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence." ' " (People v. Smith (2005) 37 Cal.4th 733, 738-739 (Smith).)

Penal Code section 4573.8 penalizes any person who knowingly has drugs, in any manner, in his or her possession in any state prison. (Pen. Code, 4573.8.) Convictions under drug possession statutes such as this generally require the presence of a usable quantity of drugs, along with knowledge of possession and knowledge that the object possessed was a narcotic, all of which can be proven by circumstantial evidence. (See People v. Palaschak (1995) 9 Cal.4th 1236, 1242.)

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