What is the test for overturning a finding of insufficient evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Miranda, H043198 (Cal. App. 2017):

We find no merit in those contentions. We reiterate: "In deciding the sufficiency of the evidence, a reviewing court resolves neither credibility issues nor evidentiary conflicts. [Citation.] Resolution of conflicts and inconsistencies in the testimony is the exclusive province of the trier of fact. [Citation.]" (People v. Young (2005) 34 Cal.4th 1149, 1181 (Young); see People v. Rodriguez (1999) 20 Cal.4th 1, 13-14 [appellate fact-finding improper].) "Moreover, unless the testimony is physically impossible or inherently improbable, testimony of a single witness is sufficient to support a conviction.

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[Citation.]" (Young, supra, at p. 1181.) "Even if we might have made contrary factual findings or drawn different inferences, we are not permitted to reverse the judgment if the circumstances reasonably justify those found by the jury." (People v. Perez (1992) 2 Cal.4th 1117, 1126.)

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