What is the test for a finding of insufficient evidence?

California, United States of America


The following excerpt is from People v. Flanigan, A158510 (Cal. App. 2020):

"In deciding claims of insufficient evidence, we review the entire record in the light most favorable to the prosecution 'to determine whether it contains evidence that is reasonable, credible, and of solid value, from which a rational trier of fact could find the defendant guilty beyond a reasonable doubt.' [Citation.] We do not resolve credibility issues or evidentiary conflicts. Instead, we presume in support of the judgment the existence of every fact the jury could reasonably have deduced from the evidence. [Citation.] 'A reversal for insufficient evidence "is unwarranted unless it appears 'that upon no hypothesis whatever is there sufficient substantial evidence to support' " the jury's verdict.' " (People v. Aznavoleh (2012) 210 Cal.App.4th 1181, 1186 (Aznavoleh).)

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