California, United States of America
The following excerpt is from People v. Aldrete, E058885 (Cal. App. 2015):
Under the substantial evidence standard of review, "'"the power of an appellate court begins and ends with the determination as to whether, on the entire record, there is substantial evidence, contradicted or uncontradicted, which will support the determination. . . ."'" (People v. Peterson (2012) 211 Cal.App.4th 1072, 1085.) "'"We do not reweigh or reinterpret the evidence; rather, we determine whether there is sufficient evidence to support the inference drawn by the trier of fact." [Citation.]' [Citation.] We must presume in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence, whether the evidence is direct or circumstantial. [Citation.] If the circumstances reasonably justify the trier of fact's findings, the judgment may not be reversed simply because the circumstances might also reasonably be reconciled with a contrary finding. [Citations.]" (Ibid.)
This court cannot reevaluate or reinterpret the evidence. (People v. Peterson, supra, 211 Cal.App.4th at p. 1085.) Accordingly, we deny defendant's request for an objective reevaluation of the evidence. Since defendant has raised a substantial evidence issue, we will briefly explain why the evidence is sufficient to support the assault and domestic violence convictions.
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Assault "'requires an intentional act and actual knowledge of those facts sufficient to establish that the act by its nature will probably and directly result in the application of physical force against another.' [Citation.] 'The mens rea [for assault] is established upon proof the defendant willfully committed an act that by its nature will probably and directly result in injury to another, i.e., a battery. Although the defendant must intentionally engage in conduct that will likely produce injurious consequences, the prosecution need not prove a specific intent to inflict a particular harm. . . .'" (People v. Golde (2008) 163 Cal.App.4th 101, 108, fn. omitted.)
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