What is the test for overturning a finding of insufficient evidence?

California, United States of America


The following excerpt is from The People v. Araniva, B218787, No. VA106834 (Cal. App. 2010):

In reviewing a challenge to the sufficiency of the evidence, we review the whole record in the light most favorable to the judgment, presuming in support of the judgment the existence of every fact the jury could reasonably deduce from the evidence. (People v. Proctor (1992) 4 Cal.4th 499, 528.) Although a reviewing court "may not 'go beyond inference and into the realm of speculation in order to find support for a judgment'" (People v. Memro (1985) 38 Cal.3d 658, 695, disapproved on another point in People v. Gaines (2009) 46 Cal.4th 172, 181), "[i]f the circumstances reasonably justify the jury's findings, the reviewing court may not reverse the judgment merely because it believes that the circumstances might also support a contrary finding." (People v. Ceja (1993) 4 Cal.4th 1134, 1139.) Reversal for insufficiency of the evidence "is unwarranted unless it

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appears 'that upon no hypothesis whatever is there sufficient substantial evidence to support [the conviction].'" (People v. Bolin (1998) 18 Cal.4th 297, 331.)

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