California, United States of America
The following excerpt is from People v. Valentin, C079430 (Cal. App. 2016):
determine whether it contains substantial evidence -- that is, evidence that is reasonable, credible, and of solid value -- from which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.' [Citation.] We determine 'whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.' [Citation.] In so doing, a reviewing court 'presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence.' [Citation.]" (People v. Avila (2009) 46 Cal.4th 680, 701.) A reviewing court does not reweigh evidence or reevaluate a witness's credibility. (People v. Lindberg (2008) 45 Cal.4th 1, 27.)
The crime of being a felon in possession of a firearm requires "conviction of a felony and ownership or knowing possession, custody, or control of a firearm." (People v. Osuna (2014) 225 Cal.App.4th 1020, 1029 [citing the predecessor statute, former 12021, subd. (a)(1)]; see also 29800, subd. (a)(1).) The parties stipulated defendant was previously convicted of a felony, so the issue was whether defendant possessed a real gun. The jury instructions appropriately clarified the gun had to be designed to shoot and appear capable of shooting, and that a replica did not qualify as a firearm. (See People v. Jackson (1979) 92 Cal.App.3d 899, 903; People v. Monjaras (2008) 164 Cal.App.4th 1432, 1435.)
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