What is the test for a challenge to a criminal conviction for assault with a deadly weapon?

California, United States of America


The following excerpt is from People v. Sandoval, B294737 (Cal. App. 2020):

Defendant challenges the sufficiency of the evidence supporting his conviction for assault with a deadly weapon in one respect: whether substantial evidence supports a finding that the knife was a deadly weapon under the sole legally correct theory, i.e., that it was used in a way that it was capable of causing and likely to cause death or great bodily injury. When considering a challenge to the sufficiency of the evidence to support a criminal conviction, we review the 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 valuesuch that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.'" (People v. Westerfield (2019) 6 Cal.5th 632, 713; see also Evid. Code, 411 ["Except where additional evidence is required by statute, the direct evidence of one witness who is entitled to full credit is sufficient for proof of any fact"]; People v. Barnwell (2007) 41 Cal.4th 1038, 1052.)

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