What is the test for determining whether the evidence was sufficient to convict a defendant who was released from custody on his own recognizance?

California, United States of America


The following excerpt is from People v. Sylvester, E064739 (Cal. App. 2017):

"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. [Citations.] Reversal on this ground is unwarranted unless it appears 'that upon no hypothesis whatever is there sufficient substantial evidence to support [the conviction].' [Citation.]" (People v. Bolin (1998) 18 Cal.4th 297, 331.)

B. The Evidence Was Sufficient

Section 1320, subdivision (b), provides that, "[e]very person who is charged with or convicted of the commission of a felony who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required, is guilty of a felony." One of the elements of the crime of failure to appear is that "the failure must be with the specific intent to evade the process of the court." (People v. Forrester (1994) 30 Cal.App.4th 1697, 1701.)

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