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. Allison, E064502 (Cal. App. 2017):

"Our review of any claim of insufficiency of the evidence is limited. 'In assessing the sufficiency of the evidence, we review the entire record in the light most favorable to the judgment to determine whether it discloses evidence that is reasonable, credible, and of solid value such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. [Citations.] Reversal on this ground is unwarranted unless it appears "that upon no hypothesis whatever is there sufficient substantial evidence to support [the conviction]." [Citation.]'" (People v. Veale (2008) 160 Cal.App.4th 40, 45.)

Page 25

Force "means 'physical force substantially different from or substantially greater than that necessary to accomplish the lewd act itself.' [Citation.] A number of cases have held that if the defendant grabs or holds a victim who is trying to pull away, that is the use of physical force above and beyond that needed to accomplish the act." (People v. Cochran (2002) 103 Cal.App.4th 8, 13, disapproved on another ground in People v. Soto (2011) 51 Cal.4th 229, 245, fn. 12.)

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