What is the test for determining whether there is substantial evidence in support of the questioned element of the charged offense?

California, United States of America


The following excerpt is from People v. Spigner, F053344 (Cal. App. 4/6/2009), F053344. (Cal. App. 2009):

". . . we look to whether there is substantial evidence in the record in support of the questioned element of the charged offense. [Citations.] It is not our function to decide whether the evidence proves the existence of that element beyond a reasonable doubt, as that finding and weighing of the evidence has already been performed by the trier of fact at the trial level. [Citations.] We review the whole record in the light most favorable to the judgment and presume in support of the judgment every fact the trier could reasonably deduce from the evidence. [Citations.]" (People v. Gallardo (1994) 22 Cal.App.4th 489, 492.)

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