What is the standard of review for a motion of appeal against a finding of sexual assault?

California, United States of America


The following excerpt is from People v. Fierro, E057818 (Cal. App. 2014):

"'"On appeal, '"we 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.]' [Citation.] In conducting such a review, we '"presume[] in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence." [Citation.]' [Citations.] 'Conflicts and even testimony which is subject to justifiable suspicion do not justify the reversal of a judgment, for it is the exclusive province of the trial judge or jury to determine the credibility of a witness and the truth or falsity of the facts upon which a determination depends. [Citation.] We resolve neither credibility issues nor evidentiary conflicts; we look for substantial evidence.' [Citation.] . . ."' [Citation.] The federal standard of review is in accord. [Citation.]" (People v. Jackson (2014) 58 Cal.4th 724, 749.)

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