What is the test for insufficiency of evidence in a motor vehicle case?

California, United States of America


The following excerpt is from The People v. Bejarano, B219306, No. NA079535 (Cal. App. 2010):

"'In assessing a claim of insufficiency of evidence, the reviewing court's task is to review the whole record in the light most favorable to the judgment to determine whether it discloses substantial evidencethat is, evidence that is reasonable, credible, and of solid valuesuch that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.' [Citation.]" (People v. Story (2009) 45 Cal.4th 1282, 1296.)

"Section 2800.2 [of the Vehicle Code] makes it a crime for a motorist to flee from, or attempt to elude, a pursuing peace officer's vehicle in 'violation of Section 2800.1' and 'in a willful or wanton disregard for the safety of persons or property.' Under section 2800.1, a person who operates a motor vehicle 'with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer's motor vehicle, is guilty of a misdemeanor... if all of the following conditions exist: [] (1) The peace officer's motor vehicle is exhibiting at least one lighted red lamp visible from the front and the person either sees or reasonably should have seen the lamp. [] (2) The peace officer's motor vehicle is sounding a siren as may be reasonably necessary. [] (3) The peace officer's motor vehicle is distinctively marked. [] (4) The peace officer's motor vehicle is operated by a peace officer... wearing a distinctive uniform.' (Italics added.) Thus, the statute requires four distinct elements, each of which must be present: (1) a red light, (2) a siren, (3) a distinctively marked vehicle, and (4) a peace officer in a distinctive uniform." (People v. Hudson (2006) 38 Cal.4th 1002, 1007-1008.) "[A] trial court must tell the jury that in determining whether the statutory requirement that the pursuing police officer's vehicle be distinctively marked is met, it should consider the physical features of the vehicle itself that distinguish it from vehicles not used for law enforcement. To be distinctively marked, a vehicle must have, in addition to a red light and siren, one or more distinguishing physical features that are reasonably visible to other drivers during the pursuit. A trial court, however, need not instruct the jury that any particular form or

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