What is the test for insufficiency of evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Cardenas, 21 Cal.App.4th 927, 26 Cal.Rptr.2d 567 (Cal. App. 1994):

"When the sufficiency of the evidence is challenged, a reviewing court must examine the entire record in the light most favorable to the judgment to determine whether it contains substantial evidence from which the jury could find defendant guilty beyond a reasonable doubt. Substantial evidence must support each essential element of an offense. A judgment of conviction will not be set aside for insufficiency of the evidence to support the jury's verdict unless it is clearly shown there is no basis on which the evidence can support the conclusion of the jury. The credibility of witnesses and the weight to be accorded to the evidence are matters to be determined by the trier of fact. [Citations.]" (People v. Jeff (1988) 204 Cal.App.3d 309, 324, 251 Cal.Rptr. 135.) We conclude that

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