What is the standard of review on a claim of insufficient evidence in a possession of child pornography case?

California, United States of America


The following excerpt is from People v. Leith, C068237 (Cal. App. 2014):

Our standard of review on a claim of insufficient evidence is well known. " 'To determine the sufficiency of the evidence to support a conviction, an appellate court reviews the entire record in the light most favorable to the prosecution to determine whether it contains evidence that is reasonable, credible, and of solid value, from which a rational trier of fact could find the defendant guilty beyond a reasonable doubt.' [Citations.]" (People v. Tafoya (2007) 42 Cal.4th 147, 170.)

The standard is the same where the prosecution relies primarily on circumstantial evidence. (People v. Snow (2003) 30 Cal.4th 43, 66.) " 'Although it is the duty of the jury to acquit a defendant if it finds that circumstantial evidence is susceptible of two [reasonable] 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.' " [Citations.]' [Citation.]" (People v. Stanley (1995) 10 Cal.4th 764, 792-793.)

A. Possession of child pornography and sexual exploitation of a child

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