What is the test for reversal of a finding of insufficient evidence?

California, United States of America


The following excerpt is from People v. Ceballos, A148521 (Cal. App. 2018):

even testimony [that] is subject to justifiable suspicion do not justify the reversal of a judgment, for 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 upon which a determination depends. . . . [Citations.]" A reversal for insufficient evidence "is unwarranted unless it appears 'that upon no hypothesis whatever is there sufficient substantial evidence to support' " the [trier of fact's decision.] [Citation.]' " (People v. Manibusan, supra, 58 Cal.4th at p. 87.) " 'We "must accept logical inferences that the jury might have drawn from the circumstantial evidence. [Citation.]" . . . . Where the circumstances reasonably justify the trier of fact's findings, a reviewing court's conclusion the circumstances might also reasonably be reconciled with a contrary finding does not warrant the judgment's reversal. [Citation.]' " (Ibid.)

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