What is the standard of review in appeal from a criminal conviction?

California, United States of America


The following excerpt is from People v. Thomas, 133 Cal.App.4th 488, 34 Cal.Rptr.3d 858 (Cal. App. 2005):

On appeal from a criminal conviction we "review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidence that is, evidence which is reasonable, credible, and of solid value such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt." (People v. Johnson (1980) 26 Cal.3d 557, 578, 162 Cal.Rptr. 431, 606 P.2d 738.) In doing so, "we view the evidence in the light most favorable to respondent and presume in support of the judgment the existence of every fact the trier could reasonably deduce

[133 Cal.App.4th 491]

from the evidence." (People v. Lewis (1990) 50 Cal.3d 262, 277, 266 Cal.Rptr. 834, 786 P.2d 892.) The following summary is based on this standard of review.

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