What is the standard of review for a finding as to whether evidence was destroyed in good faith or bad faith?

California, United States of America


The following excerpt is from People v. Henderson, F070562 (Cal. App. 2018):

A finding as to "whether evidence was destroyed in good faith or bad faith is essentially factual: therefore, the proper standard of review is substantial evidence." (People v. Memro (1995) 11 Cal.4th 786, 831, overruled in part on another ground in People v. Gaines (2009) 46 Cal.4th 172, 181, fn. 2.) On review, this court must determine whether, viewing the evidence in the light most favorable to the trial court's finding, there was substantial evidence to support its ruling. (People v. Carter (2005) 36 Cal.4th 1215, 1246.)

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