What is the test for insufficiency of evidence in a motion to overturn a conviction for sexual assault?

California, United States of America


The following excerpt is from People v. Bernabe, G035356 (Cal. App. 5/31/2007), G035356 (Cal. App. 2007):

In determining whether the evidence presented at trial supports a verdict, an appellate court must review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidence such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. (People v. Ceja (1993) 4 Cal.4th 1134, 1138-1139.) A judgment will not be reversed for insufficiency of the evidence unless "`upon no hypothesis whatever is there sufficient substantial evidence to support [the conviction].' [Citation.]" (People v. Bolin (1998) 18 Cal.4th 297, 331.)

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