What is the test for overturning a first degree murder conviction for insufficiency of evidence?

California, United States of America


The following excerpt is from People v. Syas, C071789 (Cal. App. 2014):

"In reviewing a challenge to the sufficiency of the evidence, we do not determine the facts ourselves. Rather, we 'examine the whole record in the light most favorable to the judgment to determine whether it discloses substantial evidence--evidence that is reasonable, credible and of solid value--such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.' [Citations.] We presume in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence." (People v. Guerra (2006) 37 Cal.4th 1067, 1129.) "We do not reweigh evidence or reevaluate a witness's credibility." (Ibid.)

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Reversal of a first degree murder conviction for insufficiency of the evidence to establish premeditation and deliberation "is unwarranted unless it appears 'that upon no hypothesis whatever is there sufficient substantial evidence to support [the conviction].' [Citation.]" (People v. Bolin (1998) 18 Cal.4th 297, 331.)

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