What is the test for a reversal of a conviction for sexual assault?

California, United States of America


The following excerpt is from People v. Stutzman, D063050 (Cal. App. 2014):

"When a conviction is challenged for lack of evidentiary support, we 'must view the evidence in a light most favorable to respondent and presume in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. [Citation.] If the circumstances reasonably justify the trial court's findings, reversal is not warranted merely because the circumstances might also be reasonably reconciled with a contrary finding. [Citations.] The test on appeal is whether there is substantial evidence to support the conclusion of the trier of fact; it is not whether guilt is established beyond a reasonable doubt.' " (People v. Gray (1998) 66 Cal.App.4th 973, 983-984.)

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