What is the test for a defense to argue that the prosecutor's evidence is insufficient?

California, United States of America


The following excerpt is from The People v. Casey, B214313, No. MA042406 (Cal. App. 2010):

Even if the defense has a contrary view of the facts, this does not demonstrate that the prosecutor's evidence is insufficient. (People v. Earp (1999) 20 Cal.4th 826, 887-888.) The jury was free to disbelieve the testimony of Youelle and defendant and to believe the testimony of the deputies and defendant's confession. There was a hypothesis under which the jury could have found the evidence consistent with guilt beyond a reasonable doubt. Thus, substantial evidence supports defendant's conviction of possession of a firearm by a felon ( 12021, subd. (a)(1)) and possession of ammunition by a person prohibited from possessing firearms ( 12316, subd. (b)(1)). (People v. Zamudio, supra, 43 Cal.4th at p. 357.)

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B. Refusal to Allow Defendant to Present Evidence That He Had Been "Set Up"

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