What is the test for sufficiency of evidence in a burglary case?

California, United States of America


The following excerpt is from People v. Bailes, 129 Cal.App.3d 265, 180 Cal.Rptr. 792 (Cal. App. 1982):

In assessing a sufficiency of evidence challenge, this court "must review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidence--that is, evidence which is reasonable, credible, and of solid value--such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt." (People v. Johnson (1980) 26 Cal.3d 557, 578, 162 Cal.Rptr. 431, 606 P.2d 738.)

Appellant correctly notes that the only evidence linking him to the burglary was the presence of his thumb print on a bathroom window screen of the burglarized home. Fingerprint evidence is, however, "the strongest evidence of identity, and is ordinarily sufficient alone to identify the defendant." (People v. Gardner (1969) 71 Cal.2d 843, 849, 79 Cal.Rptr. 743, 457 P.2d 575.) Moreover, "[t]he jury is entitled to draw its own inferences as to how the defendant's prints came to be on the [object] and when ... and to weigh the evidence and opinion of the fingerprint experts." (Ibid.)

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