What is the standard of review for a claim that the record does not support her conviction for elder abuse?

California, United States of America


The following excerpt is from People v. Cata, C081564 (Cal. App. 2017):

Defendant contends the record does not support her conviction for elder abuse. She acknowledges that generally such a claim implicates a review pursuant to the deferential standard requiring us to determine whether the record includes substantial evidence to permit a reasonable trier of fact to find the defendant guilty of the crime beyond a reasonable doubt. (People v. Johnson (1980) 26 Cal.3d 557, 576.) Nevertheless, she claims that we should instead apply a nondeferential standard of review here to determine that the record does not support her conviction beyond a reasonable doubt. The basis of her claim is that the rationale for the deferential substantial evidence standard of review does not apply where, as here, all the evidence submitted at trial was documentary in nature. We reject her contention.

Generally, we review factual findings made in the trial court for sufficiency of the evidence. (People v. Yu (1983) 143 Cal.App.3d 358, 368-369.) Under this standard of

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