What is the test for reversing a jury's finding of insufficient evidence?

California, United States of America


The following excerpt is from People v. Kron, G056366 (Cal. App. 2019):

resolving all conflicts and indulging all reasonable inferences in support of the judgment. If more than one inference may reasonably be drawn from the evidence, we accept the inference supporting the judgment. (People v. Manibusan (2013) 58 Cal.4th 40, 87.) "'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. [Citation.]' [Citation.]" (Ibid.)

The evidence in the record is sufficient to support the jury's verdicts. Defendant's contrary arguments ignore the limited nature of our review. He essentially asks us to make credibility determinations and reweigh the evidence, thereby substituting our judgment for that of the jury. This we cannot do. "That the evidence might lead to a different verdict does not warrant a conclusion that the evidence supporting the verdict is insubstantial. [Citation.]" (People v. Holt (1997) 15 Cal.4th 619, 669.)

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