What is the test for a reversal of a judgment against a witness who has been believed by the court?

California, United States of America


The following excerpt is from People v. Hunter, B263077 (Cal. App. 2016):

"'"To warrant the rejection of the statements given by a witness who has been believed by a trial court, there must exist either a physical impossibility that they are true, or their falsity must be apparent without resorting to inferences or deductions. [Citations.] Conflicts and even testimony which 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.]"'" (People v. Mayberry (1975) 15 Cal.3d 143, 150.) An inference is defined by statute as "a deduction of fact that may logically and reasonably be drawn from another fact, or group of facts found or otherwise established in the action." (Evid. Code, 600, subd. (b).) An inference is drawn from evidence, not from speculation as to probabilities. (People v. Morris (1988) 46 Cal.3d 1, 21, disapproved on another point in In re Sassounian (1995) 9 Cal.4th 535, 543.)

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