California, United States of America
The following excerpt is from People v. Rice, 200 Cal.App.3d 647, 246 Cal.Rptr. 177 (Cal. App. 1988):
"... the same test applied by an appellate court in reviewing a conviction: whether from the evidence, including reasonable inferences to be drawn therefrom, there is any substantial evidence of the existence of each element of the offense charged [citations]." (People v. Valerio (1970) 13 Cal.App.3d 912, 919, 92 Cal.Rptr. 82.)
Where the trial court has denied the motion, the appellate court must assume in favor of the judgment every fact from which the jury could have reasonably deduced from the evidence that the offense was committed by the defendant. (Ibid.) The test on appeal is not whether the appellate court believes the evidence at trial established the defendant's guilt beyond a reasonable doubt but whether " 'any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.' " (People v. Towler (1982) 31 Cal.3d 105, 117, 181 Cal.Rptr. 391, 641 P.2d 1253, original italics.)
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