What is the test for determining whether a defendant's intent or mental state is the only element of the charge that rests substantially or entirely on circumstantial evidence?
California, United States of America
The following excerpt is from The People v. Soto, F057973, No. 07CM2106 (Cal. App. 2010):
No. 224 'when the defendant's specific intent or mental state is the only element of the offense that rests substantially or entirely on circumstantial evidence.' [Citations.]" (People v. Samaniego (2009) 172 Cal.App.4th 1148, 1171-1172.)
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