What is the standard of review for a motion to overturn a conviction of first-degree murder?

California, United States of America


The following excerpt is from People v. Huynh, B258509 (Cal. App. 2016):

On appeal, defendant contends the evidence is insufficient to support the jury's finding of first-degree murder. "In determining whether the evidence was sufficient either to sustain a conviction or to support the denial of a section 1118.1 motion, the standard of review is essentially the same. [Citation.] ' "[W]e do not determine the facts ourselves. Rather, we 'examine the whole record in the light most favorable to the judgment to determine whether it discloses substantial evidenceevidence that is reasonable, credible and of solid valuesuch that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.' [Citations.] We presume in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. [Citation.]" ' " (People v. Hajek and Vo (2014) 58 Cal.4th 1144, 1182-1183.)

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