What is the test for a finding of insufficient evidence in the context of Section 245, subdivision (a)(1) of the California Penal Code?

California, United States of America


The following excerpt is from People v. Hernandez, E064463 (Cal. App. 2017):

In considering a claim that insufficient evidence supports a criminal conviction, an appellate court reviews the entire record in the light most favorable to the judgment to determine whether it contains substantial evidencethat is, evidence that is reasonable, credible, and of solid valuesuch that a reasonable trier of fact could have found the defendant guilty of the crime beyond a reasonable doubt. (People v. Chatman (2006) 38 Cal.4th 344, 389; People v. Johnson (1980) 26 Cal.3d 557, 578.)

In determining whether the record contains substantial evidence, we "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.)

Section 245, subdivision (a)(1) punishes assaults upon persons "with a deadly weapon or instrument other than a firearm." As used in the statute, the term "deadly weapon" means "'any object, instrument, or weapon which is used in such a manner as to be capable of producing and likely to produce, death or great bodily injury.' [Citation.]" (People v. Aguilar (1997) 16 Cal.4th 1023, 1028-1029.) Objects such as dirks and

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