What is the substantial evidence standard of review applied to section 186.22 gang enhancements?

California, United States of America


The following excerpt is from People v. Tate, E046021 (Cal. App. 9/28/2009), E046021 (Cal. App. 2009):

"The substantial evidence standard of review applies to section 186.22 gang enhancements. [Citations.]" (People v. Augborne (2002) 104 Cal.App.4th 362, 371.) "Substantial evidence is evidence which is ` "reasonable in nature, credible, and of solid value."' [Citation.] `In reviewing the sufficiency of the evidence, we must determine "whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt."' [Citation.] We must presume in support of the judgment the existence of every fact that the trier of fact could reasonably deduce from the evidence. [Citation.] `The focus of the substantial evidence test is on the whole record of evidence presented to the trier of fact, rather than on "`isolated bits of evidence.'" [Citation.]' [Citation.]" (People v. Medina (2009) 46 Cal.4th 913, 919.)

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