What is the test for a jury to reject "unbelievable" testimony?

California, United States of America


The following excerpt is from People v. Coleman, B228221 c/w B233787 (Cal. App. 2012):

"'Although we must ensure the evidence is reasonable, credible, and of solid value, nonetheless it is the exclusive province of the . . . jury to determine the credibility of a witness and the truth or falsity of the facts on which that determination depends. [Citation.] Thus, if the verdict is supported by substantial evidence, we must accord due deference to the trier of fact and not substitute our evaluation of a witness's credibility for that of the fact finder. [Citations.]' [Citation.]" (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) Indeed, we do not reject testimony believed by the jury unless it was physically impossible or inherently improbable, meaning "that the challenged evidence is 'unbelievable per se . . . .' [Citation.]" (People v. Ennis (2010) 190 Cal.App.4th 721, 725; see also People v. Young, supra, 34 Cal.4th at p. 1181.) Hurtado does not contend that the testimony was impossible or inherently improbable.

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