What is the test for reversal of a finding of inadequacy of proof?
California, United States of America
The following excerpt is from People v. Corona, F075515 (Cal. App. 2019):
9. If the inadequacy of proof is purely factual, then reversal is not required if a valid ground for the verdict remains absent an affirmative indication in the record that the verdict was based on the inadequate ground. However, if the inadequacy is legal and not merely factual, reversal is required "absent a basis in the record to find that the verdict was actually based on a valid ground." (People v. Guiton, supra, 4 Cal.4th at p. 1129, fn. omitted.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the Attorney General have to reverse or remand a finding of a strike finding? (California, United States of America)
In what circumstances will the Court reverse its decision not to grant a motion requiring a reversal of a finding that physical restraint impaired the fairness of a trial? (California, United States of America)
What is the test for reversal of a finding that a judge made an instructional error in instructing a jury to find an element of the crime? (California, United States of America)
What is the test for reversing a finding in a motion to overturn a finding of not guilty? (California, United States of America)
What is the test for reversing a finding of guilty on appeal against a finding that a defendant was driving under the influence of alcohol? (California, United States of America)
Can a finding at a probation revocation hearing specifically find that evidence of a crime allegedly committed by the probationer has not been demonstrated by the requisite quantum of proof? (California, United States of America)
What is the legal test for reversal of a finding that insufficient evidence supports a jury's finding that a gang was responsible for a sexual assault? (California, United States of America)
Does a finding that the circumstances might also reasonably reasonably be reconciled with a contrary finding in a personal injury case have to be reversed? (California, United States of America)
Is the Attorney General's request for limited remand for a reversal and reversal of a finding of vehicular manslaughter? (California, United States of America)
Can a court order a reversal of a finding that a defendant was denied a chance to appeal against his conviction for failing to apply for a motion to overturn a finding of not guilty? (California, United States of America)
