What is the standard of review in a criminal case where the prosecution relied primarily on circumstantial evidence?

California, United States of America


The following excerpt is from People v. Torres, B285202 (Cal. App. 2018):

The same standard of review applies in cases where the prosecution relies primarily on circumstantial evidence. (People v. Ghobrial (2018) 5 Cal.5th 250, 277-278; accord, People v. Casares, supra, 62 Cal.4th at p. 823.) "'"'"'Although it is the duty of the jury to acquit a defendant if it finds that circumstantial evidence is susceptible of two interpretations, one of which suggests guilt and the other innocence [citations], it is the jury, not the appellate court[,] which must be convinced of the defendant's guilt beyond a reasonable doubt. "'If the circumstances reasonably justify the trier of fact's findings, the opinion of the reviewing court that the circumstances might also reasonably be reconciled with a contrary finding does not warrant a reversal of the judgment.'"'"'"'" (Ghobrial, at p. 278; accord, People v. Tully (2012) 54 Cal.4th 952, 1006-1007.)

2. The firearm enhancements

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