What is the test for overturning a jury's verdict in a sexual assault case?

California, United States of America


The following excerpt is from The People v. Magana, No. CRM000729A, No. F059008 (Cal. App. 2010):

A reviewing court will not reverse a jury's verdict under state or federal law solely because it would have reached a different result if it had been the fact finder. (Vazquez, supra, 178 Cal.App.4th at p. 352; Jackson v. Virginia, supra, 443 U.S. at pp 418-419.) "'Before a judgment of conviction can be set aside for insufficiency of the evidence to

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support the trier of fact's verdict, it must clearly appear that upon no hypothesis whatever is there sufficient evidence to support it.' [Citation.]" (People v. Kwok (1998) 63 Cal.App.4th 1236, 1245; see also People v. Kraft (2000) 23 Cal.4th 987, 1053-1054.)

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