What is the standard of review on appeal of premeditated and deliberate murder?

California, United States of America


The following excerpt is from People v. Espinoza, G055787 (Cal. App. 2019):

"Review on appeal of the sufficiency of the evidence supporting the finding of premeditated and deliberate murder involves consideration of the evidence presented and all logical inferences from that evidence in light of the legal definition of premeditation and deliberation. . . . Settled principles of appellate review require us to review the entire record in the light most favorable to the judgment below to determine whether it discloses substantial evidencethat is, evidence which is reasonable, credible, and of solid valuefrom which a reasonable trier of fact could find that the defendant premeditated and deliberated beyond a reasonable doubt. [Citations.] The standard of review is the same in cases . . . where the People rely primarily on circumstantial evidence." (People v. Perez (1992) 2 Cal.4th 1117, 1124.) We "'must accept logical inferences that the jury might have drawn from the evidence even if [we] would have concluded otherwise.'" (People v. Halvorsen (2007) 42 Cal.4th 379, 419.)

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