What is the test for reversal of a jury's verdict in a robbery case?

California, United States of America


The following excerpt is from The People v. Connell, B220278, No. PA063258 (Cal. App. 2011):

facts upon which a determination depends. [Citation.] We resolve neither credibility issues nor evidentiary conflicts; we look for substantial evidence. [Citation.]' [Citation.] A reversal for insufficient evidence 'is unwarranted unless it appears "that upon no hypothesis whatever is there sufficient substantial evidence to support"' the jury's verdict." (People v. Zamudio (2008) 43 Cal.4th 327, 357.)

"Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." ( 211.) The taking in robbery includes the same element of asportation or carrying away as in larceny. Even though the defendant does not use force or fear at the time of gaining possession, the defendant is guilty of robbery if he or she uses force at the time of asportation. (People v. Perhab (1949) 92 Cal.App.2d 430, 435).

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