What is the test for reversal of a conviction in a sexual assault case?

California, United States of America


The following excerpt is from People v. Ibarra, B272198 (Cal. App. 2017):

With respect to witness credibility, "[w]e may not reweigh the evidence or substitute our judgment for that of the trier of fact." (People v. Ewing (2016) 244 Cal.App.4th 359, 371.) "At trial, 'it is the exclusive province of the trial judge or jury to determine the credibility of a witness and the truth or falsity of the facts on which that determination depends.' [Citation.]" (People v. Hovarter (2008) 44 Cal.4th 983, 996 [italics omitted].)

Reversal for insufficient evidence is unwarranted unless it appears that upon no hypothesis whatever is there sufficient substantial evidence to support the conviction. (People v. Manriquez (2005) 37 Cal.4th 547, 577.) A conviction should be

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affirmed "[i]f the circumstances, plus all the logical inferences the jury might have drawn from them, reasonably justify the jury's findings." (People v. Tripp (2007) 151 Cal.App.4th 951, 955.)

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