What is the test for overturning a finding of not guilty on a motion of appeal?
California, United States of America
The following excerpt is from People v. Breckenridge, E070386 (Cal. App. 2019):
"[O]nce the trial judge resolves the issue of 'separate occasions,' an appellate court is 'not at liberty to overturn the result unless no reasonable trier of fact could decide that there was a reasonable opportunity for reflection.'" (People v. Pena (1992) 7 Cal.App.4th 1294, 1314-1315, quoting People v. Corona (1988) 206 Cal.App.3d 13, 18, fn. 2.)
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