What is the legal test for overturning a finding of guilty of sexual assault based on circumstantial evidence?

California, United States of America


The following excerpt is from People v. AMEZCUA, No. B223064, No. TA107057 (Cal. App. 2011):

The hurdle to secure a reversal is just as high when the prosecution's case depends on circumstantial evidence. (People v. Stanley (1995) 10 Cal.4th 764, 792.) "'"'If the circumstances reasonably justify the trier of fact's findings, the opinion of the reviewing court that the circumstances might also reasonably be reconciled with a contrary finding does not warrant a reversal of the judgment. [Citations.]"'"' (Id. at p. 793.)

An out-of-court identification is sufficient to support a conviction, even if the witness is unable to positively identify the defendant at trial. (People v. Cuevas (1995) 12 Cal.4th 252, 257, 272.) It is the exclusive function of the trier of fact to assess the credibility of witnesses and draw reasonable inferences from the evidence. (People v. Alcala (1984) 36 Cal.3d 604, 623.)

Other Questions


What is the legal test for overturning a finding of guilty of sexual assault based solely on circumstantial evidence? (California, United States of America)
What is the legal test for overturning a finding of not guilty in a sexual assault case in which the prosecution relies mainly on circumstantial evidence? (California, United States of America)
What is the legal test for overturning a conviction for sexual assault based solely on circumstantial evidence? (California, United States of America)
What is the legal test for overturning a sexual assault conviction based solely on circumstantial evidence? (California, United States of America)
What is the legal test for overturning a conviction for assault where the evidence is based primarily on circumstantial evidence? (California, United States of America)
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
What is the legal test for overturning a conviction for sexual assault based solely on circumstantial evidence? (California, United States of America)
What is the legal test for overturning a conviction for sexual assault based solely on circumstantial evidence? (California, United States of America)
What is the legal test for overturning a sexual assault conviction based solely on circumstantial evidence? (California, United States of America)
What is the legal test for overturning a conviction for sexual assault based solely on circumstantial evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.