What is the test for sufficiency of evidence under section 186.22 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Martinez-Carreon, A141670, A141679 (Cal. App. 2019):

Here, appellants challenge the sufficiency of the evidence with respect to some of the elements that must be proven to support a conviction or enhancement under section 186.22. "In determining whether the evidence is sufficient to support a conviction or an enhancement, 'the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.' [Citations.]" (People v. Vy (2004) 122 Cal.App.4th 1209, 1224 (Vy).)

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