What is the test for reweighing the evidence and reevaluating the credibility of a witness?

California, United States of America


The following excerpt is from People v. Johnson, F069414 (Cal. App. 2016):

On appeal, we neither reweigh the evidence nor reevaluate a witness's credibility. (People v. Livingston (2012) 53 Cal.4th 1145, 1170.) We will not reverse a judgment just because the circumstances might also reasonably be reconciled with a contrary finding if the circumstances reasonably justify the jury's findings. (Ibid.) "Thus, if the verdict is supported by substantial evidence, this court must accord due deference to the trier of fact and not substitute its evaluation of a witness's credibility for that of the fact-finder. [Citations.]" (People v. Barnes (1986) 42 Cal.3d 284, 303-304.)

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