California, United States of America
The following excerpt is from People v. Washington, B240012 (Cal. App. 2014):
"[A] trial court's inquiry whether evidence was destroyed in good faith or bad faith is essentially factual: therefore, the proper standard of review is substantial evidence." (People v. Memro (1995) 11 Cal.4th 786, 831.) Under this standard, "we must determine whether, viewing the evidence in the light most favorable to the superior court's finding, there was substantial evidence to support its ruling." (People v. Roybal (1998) 19 Cal.4th 481, 510.) The testimony of a single witness, even if he is a party to the case, may be sufficient. (Evid. Code, 411.) We do not decide the credibility of witnesses, as that is the function of the trier of fact. (People v. French (1978) 77 Cal.App.3d 511, 523.)
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