California, United States of America
The following excerpt is from People v. Morales, E058125 (Cal. App. 2015):
the judgment to determine whether there is substantial direct or circumstantial evidence the defendant committed the charged crime. [Citations.] The test is not whether the evidence proves guilt beyond a reasonable doubt, but whether substantial evidence, of credible and solid value, supports the jury's conclusions. [Citations.]" (People v. Quintero (2006) 135 Cal.App.4th 1152, 1161-1162.)
As to the element of causation, "a 'cause of the death of [the decedent] is an act or omission that sets in motion a chain of events that produces as a direct, natural and probable consequence of the act or omission the death of [the decedent] and without which the death would not occur.' [Citation.]" (People v. Cervantes (2001) 26 Cal.4th 860, 866.)4
In looking at the present record there is no direct evidence that the unsafe load caused the accident. We must therefore determine whether there is circumstantial evidence of a substantial nature, from which a trier of fact can rationally infer that the unsecured load was a cause of the present accident. In so doing, we must differentiate between a finding based on an "inference" (see Evid. Code, 600, subd. (b)), and a finding which is speculative or conjecture (People v. Massie (2006) 142 Cal.App.4th 365, 374 ["If . . . the trier of fact's conclusion is mere guesswork, the appellate court will
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consider it to be speculation and conjecture that is insufficient to support the judgment."].)
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