California, United States of America
The following excerpt is from People v. Luo, 16 Cal.App.5th 663, 224 Cal.Rptr.3d 526 (Cal. App. 2017):
"The standard of review of the sufficiency of the evidence to support a conviction is well known. [Citation.] In reviewing the entire record, the sole function of the appellate court is to review the evidence in the light most favorable to the judgment, presume in support of the judgment every fact that can be reasonably deduced from the evidence, and determine ... whether a reasonable trier of fact could have found that the prosecution sustained its burden of proof beyond a reasonable doubt. " ( People v. Mehserle (2012) 206 Cal.App.4th 1125, 1139, 142 Cal.Rptr.3d 423.) "Reversal is not warranted unless it appears "that upon no hypothesis whatever is there sufficient substantial evidence to [support the conviction]." " ( Ibid . )
Defendant contends there was insufficient evidence to support his conviction for involuntary manslaughter because the prosecution did not present expert witness testimony to establish he owed a duty to the victim or that he breached a duty. In order to prove involuntary manslaughter under Penal Code section 192, subdivision (b), the prosecution must show the defendant unintentionally killed the victim in either of two ways: (1) in the commission of an unlawful act that is not a felony; or, (2) in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. Here, the prosecution proceeded on the second theorycommission of lawful act in an unlawful manner, without due caution and circumspection. This requires a showing of criminal negligence. ( People v. Butler (2010) 187 Cal.App.4th 998, 1007, 114 Cal.Rptr.3d 696.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.