What is the test for a finding of insufficient evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Duenas, B278539 (Cal. App. 2017):

and of solid valuesuch that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. [Citation.] In applying this test, we review the evidence in the light most favorable to the prosecution and presume in support of the judgment the existence of every fact the jury could reasonably have deduced from the evidence. [Citation.] 'Conflicts and even testimony [that] is subject to justifiable suspicion do not justify the reversal of a judgment, for it is the exclusive province of the trial judge or jury to determine the credibility of a witness and the truth or falsity of the facts upon which a determination depends. [Citation.] We resolve neither credibility issues nor evidentiary conflicts; we look for substantial evidence. [Citation.]' [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. [Citation.]" (People v. Zamudio (2008) 43 Cal.4th 327, 357.)

In count 7, defendant was convicted of violating section 288.7, subdivision (a), which states, "Any person 18 years of age or older who engages in sexual intercourse or sodomy with a child who is 10 years of age or younger is guilty of a felony and shall be punished by imprisonment in the state prison for a term of 25 years to life." "Sexual intercourse means any penetration, no matter how slight, of the vagina or genitalia by the penis." (People v. Mendoza (2015) 240 Cal.App.4th 72, 79.) "Any sexual penetration, however slight, is sufficient to complete the crime of sodomy." ( 286, subd. (a).) Defendant asserts that the testimony at trial did not establish beyond a reasonable doubt that penetration occurred.

Page 11

Other Questions


Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
What is the test for overturning a finding of insufficient evidence in a sexual assault case? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
What is the test for a finding of insufficient evidence in a sexual assault case? (California, United States of America)
What is the test for a motion to overturn a finding of insufficient sufficiency of evidence in a sexual assault case? (California, United States of America)
What is the test for overturning a finding of insufficient evidence in a sexual assault case? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
In a motion for a new trial on a charge of sexual assault brought by defendant Perez, who has pleaded not guilty to the charge, is the evidence insufficient to support his claim of insufficiency of evidence? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
What is the legal test for reversal of a finding that insufficient evidence supports a jury's finding that a gang was responsible for a sexual assault? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.