California, United States of America
The following excerpt is from People v. Woods, G043023, Super. Ct. No. 08ZF0040 (Cal. App. 2011):
"'The proper test for determining a claim of insufficiency of evidence in a criminal case is whether, on the entire record, a rational trier of fact could find the defendant guilty beyond a reasonable doubt. [Citations.] On appeal, we must view the evidence in the light most favorable to the People and must presume in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. [Citation.]' [Citation.] A reversal 'is unwarranted unless it appears "that upon no hypothesis whatever is there sufficient substantial evidence to support [the judgment]."' [Citation.]" (People v. Benner (2010) 185 Cal.App.4th 791, 794.)
To sustain a conviction for gross vehicular manslaughter while intoxicated, a prosecutor must prove a defendant was under the influence of a drug (or alcohol). (Pen. Code, 191.5, subd. (a); Veh. Code, 23152, subd. (a).) "One is under the combined influence of alcohol and a drug 'when as a result of drinking such alcoholic beverage and using a drug [one's] physical or mental abilities are impaired so that [one] no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence, under the same or similar circumstances.' [Citation.]" (People v. Andersen (1994) 26 Cal.App.4th 1241, 1251.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.