What is the test for reversing a finding of insufficient evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Lara, D068687 (Cal. App. 2015):

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. Manibusan (2013) 58 Cal.4th 40, 87.)

A victim's statements provide sufficient evidence to support a conviction under section 288, subdivision (a), if the statements, "describe the kind of act or acts committed with sufficient specificity, both to assure that unlawful conduct indeed has occurred and to differentiate between the various types of proscribed conduct (e.g., lewd conduct, intercourse, oral copulation or sodomy). Moreover, the victim must describe the number of acts committed with sufficient certainty to support each of the counts alleged in the information or indictment (e.g., 'twice a month' or 'every time we went camping'). Finally, the victim must be able to describe the general time period in which these acts occurred (e.g., 'the summer before my fourth grade,' or 'during each Sunday morning after he came to live with us'), to assure the acts were committed within the applicable limitation period. Additional details regarding the time, place or circumstance of the various assaults may assist in assessing the credibility or substantiality of the victim's testimony, but are not essential to sustain a conviction." (People v. Jones (1990) 51 Cal.3d 294, 316 (Jones).)

Other Questions


Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
What is the test for reversing a finding of insufficient evidence in a sexual assault case? (California, United States of America)
What is the test for reversal of a finding of insufficient evidence in a sexual assault case? (California, United States of America)
What is the legal test for reversal of a finding of insufficient evidence in a sexual assault case? (California, United States of America)
What is the test for reversing a finding of insufficient evidence in a sexual assault case? (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)
What is the test for a motion to overturn a finding of insufficient sufficiency of evidence in a sexual assault case? (California, United States of America)
What is the test for reversal of a finding of inadequate evidence in a sexual assault case? (California, United States of America)
What is the test for overturning a finding of insufficient evidence in a sexual assault case? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.