What is the test for determining the credibility of a witness in a sexual assault case?

California, United States of America


The following excerpt is from People v. Arce, D076543 (Cal. App. 2021):

" 'When considering a challenge to the sufficiency of the evidence to support a conviction, we review 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 valuefrom which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.' " (People v. Powell (2018) 5 Cal.5th 921, 944.) In doing so, we " 'presume[ ] in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence.' " (Ibid.)

" 'A reviewing court neither reweighs evidence nor reevaluates a witness's credibility.' " (People v. Covarrubias (2016) 1 Cal.5th 838, 890 (Covarrubias).) " 'Conflicts and even testimony which is subject to justifiable

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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.' " (People v. Elliott (2012) 53 Cal.4th 535, 585.)

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