What is the test for intent in a sexual assault case?

California, United States of America


The following excerpt is from People v. Hubbard, B262376 (Cal. App. 2015):

If the underlying conviction does not involve a sustained allegation that the defendant has actually inflicted great bodily injury, the trial court determines from the entire record of the conviction whether the defendant intended to inflict great bodily injury. (People v. Guilford (2014) 228 Cal.App.4th 651, 660-661.) We review the trial court's finding of intent under the deferential sufficiency of the evidence standard. (Id. at

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p. 661.) "Under this standard, the court 'must review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidencethat is, evidence which is reasonable, credible, and of solid valuesuch that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.'" (People v. Cuevas (1995) 12 Cal.4th 252, 260-261.)

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