What is the standard of review for a motion to overturn a conviction under section 186.22, subdivision (b)(1) of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Loera, B263932 (Cal. App. 2016):

Loera contends that there was insufficient evidence to support the true findings on the gang enhancement allegations pursuant to section 186.22, subdivision (b)(1). "'When considering a challenge to the sufficiency of the evidence to support a conviction, 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.] We determine 'whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.' [Citation.] In so doing, a reviewing court 'presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence.' [Citation.] The same standard of review applies to the sufficiency of the evidence supporting special circumstance findings. [Citation].)" (People v. Edwards (2013) 57 Cal.4th 658, 715.)

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