What is the test for reversing a conviction for assault in a case of mistaken identity?

California, United States of America


The following excerpt is from People v. Huerta, F066497 (Cal. App. 2014):

We view the record in the light most favorable to the conviction and presume the existence of every fact in support of the conviction the trier of fact could reasonably infer from the evidence. (People v. Maury (2003) 30 Cal.4th 342, 396.). "Reversal is not warranted unless it appears '''that upon no hypothesis whatever is there sufficient substantial evidence to support [the conviction]." [Citation.]' [Citation.]" (People v. Duran (2002) 97 Cal.App.4th 1448, 1457.)

In cases of homicide, criminal liability only attaches if the victim's death is the "natural and probable consequence of a defendant's act[.]" (People v. Roberts (1992) 2 Cal.4th 271, 321.) On appeal, appellant asserts that there was insufficient evidence to establish that the victim's death was a natural or probable result of appellant's actions, as

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