California, United States of America
The following excerpt is from People v. Farnam, 121 Cal.Rptr.2d 106, 28 Cal.4th 107, 47 P.3d 988 (Cal. 2002):
"In considering a claim of insufficiency of evidence, a reviewing court must determine `whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.' [Citations.]" (People v. Earp (1999) 20 Cal.4th 826, 887, 85 Cal.Rptr.2d 857, 978 P.2d 15.) "The appellate court presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. [Citations.]" (People v. Kraft (2000) 23 Cal.4th 978, 1053, 99 Cal. Rptr.2d 1, 5 P.3d 68.) "Although it is the jury's duty to acquit a defendant if it finds the circumstantial evidence susceptible of two reasonable interpretations, one of which suggests guilt and the other innocence, it is the jury, not the appellate court that must be convinced of the defendant's guilt beyond a reasonable doubt." (Id. at pp. 1053-1054, 99 Cal. Rptr.2d 1, 5 P.3d 68.) Simply put, if the circumstances reasonably justify the jury's findings, the judgment may not be reversed simply because the circumstances might also reasonably be reconciled with a contrary finding. (Id. at p.
[28 Cal.4th 139]
1054, 99 Cal.Rptr.2d 1, 5 P.3d 68; People v. Earp, supra, 20 Cal.4th at pp. 887-888, 85 Cal.Rptr.2d 857, 978 P.2d 15.)[28 Cal.4th 139]
Section 286, subdivision (a) defines sodomy as the "contact between the penis of one person and the anus of another person. Any sexual penetration, however slight, is sufficient to complete the crime of sodomy."14 "[T]he offense of sodomy requires that the victim be alive at the time of penetration." (People v. Ramirez (1990) 50 Cal.3d 1158, 1176, 270 Cal.Rptr. 286, 791 P.2d 965, fn. omitted.)
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.