What is the test for determining the sufficiency of evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Vorise, 72 Cal.App.4th 312, 85 Cal.Rptr.2d 12 (Cal. App. 1999):

"In assessing the sufficiency of the evidence, we review the entire record in the light most favorable to the judgment to determine whether it discloses evidence that is reasonable, credible, and of solid value such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt." (People v. Bolin (1998) 18 Cal.4th 297, 331, 75 Cal.Rptr.2d 412, 956 P.2d 374.)

" '[P]remeditated' means 'considered beforehand,' and 'deliberate' means 'formed or arrived at or determined upon as a result of careful thought and weighing of considerations for and against the proposed course of action.' " (People v. Mayfield (1997) 14 Cal.4th 668, 767, 60 Cal.Rptr.2d 1, 928 P.2d 485.) " ' " 'Thoughts may follow each other with great rapidity and cold, calculated judgment may be arrived at quickly....' " ' [Citation.] The law does not require that an action be planned for any great period of time in advance." (People v. Rand (1995) 37 Cal.App.4th 999, 1001, 44 Cal.Rptr.2d 686.)

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