What is the test for re-examining a jury's verdict in an attempted robbery case?

California, United States of America


The following excerpt is from People v. Scott, B276990 (Cal. App. 2018):

jury's verdict. Although he testified he saw the gunman's face, knew appellant, and stated that appellant was not the gunman, he also told the police that he was unable to see the suspects' faces and could not make an identification. It is the role of the jury, not a reviewing court, to resolve such inconsistencies. (People v. Young (2005) 34 Cal.4th 1149, 1181 ["Resolution of conflicts and inconsistencies in the testimony is the exclusive province of the trier of fact." (Italics added.)].) The jury resolved this inconsistency against appellant and we will not reweigh the evidence.

b. The Evidence Is Sufficient to Sustain the Convictions of Attempted Robbery

Appellant also challenges on substantial evidence grounds his attempted robbery of Lillian and J.S. Applying the same standard of review as described above, we find sufficient evidence supports the jury's verdict. The evidence proved that appellant waved a gun around and demanded property from all the people present, including Lillian and J.S., which is sufficient to sustain a conviction for attempted robbery. (People v. Bonner (2000) 80 Cal.App.4th 759.)

Other Questions


If a defendant has been found not guilty by a jury in a civil case, is he entitled to appeal against the verdict of the jury in his case against the jury? (California, United States of America)
In a medical malpractice case, can a jury be found to have found that a jury member acted in a manner that may have improperly influenced the jury's verdict? (California, United States of America)
What is the test for determining whether sufficient evidence supports a jury verdict in a robbery case? (California, United States of America)
Is inconsistency in a jury's verdict a valid reason for rejecting a jury verdict? (California, United States of America)
What is the test for reversal of a jury's verdict in a robbery case? (California, United States of America)
Can a jury in a civil case be re-examined by the Court of Appeal if the jury in the case has been discharged without prejudice? (California, United States of America)
Is there any case law where a prosecutor's argument that a jury would be "damaging" to the jury has been interpreted in the context of a jury trial? (California, United States of America)
Is there a presumption of prejudice against a jury in a case where the jury was unable to reach a verdict? (California, United States of America)
Does a jury have a duty to instruct the jury on voluntary manslaughter and attempted voluntary manslaughter as lesser included offenses of murder and attempted murder? (California, United States of America)
What is the test for reversal of a jury verdict in a civil case where the court failed to instruct the jury on the lesser included misdemeanor charge of battery without injury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.