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

California, United States of America


The following excerpt is from People v. Lewis, B252090 (Cal. App. 2015):

review the evidence in the light most favorable to the prosecution and presume in support of the judgment the existence of every fact the jury could reasonably have deduced from the evidence. [Citation.] 'Conflicts and 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. [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; accord People v. Manibusan (2013) 58 Cal.4th 40, 87.)

c. The trial court could not reasonably infer .02 grams of methamphetamine was a usable amount

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