California, United States of America
The following excerpt is from People v. Elston, G038010 (Cal. App. 2/28/2008), G038010 (Cal. App. 2008):
"The applicable standard of review is well settled: `"To determine the sufficiency of the evidence to support a conviction, an appellate court reviews the entire record in the light most favorable to the prosecution to determine whether it contains evidence that is reasonable, credible, and of solid value, from which a rational trier of fact could find the defendant guilty beyond a reasonable doubt."' [Citations] `"`If the circumstances reasonably justify the trier of fact's findings, the opinion of the reviewing court that the circumstances might also be reasonably reconciled with a contrary finding does not warrant a reversal of the judgment.'"' [Citations.] The standard of review is the same when the prosecution relies mainly on circumstantial evidence. [Citation.]" (People v. Valdez (2004) 32 Cal.4th 73, 104.)
Section 273.5 applies where a defendant inflicts corporal injury on a "cohabitant" or "former cohabitant." ( 273.5, subd. (a).) "The term `cohabitant' has been interpreted `broadly' to refer to those `"living together in a substantial relationship-one manifested, minimally, by permanence and sexual or amorous intimacy."' [Citations.] `The element of "permanence" in the definition refers only to the underlying "substantial relationship," not to the actual living arrangement.' [Citation.] Permanence does not require exclusivity in either the relationship or the living arrangement. [Citation.]" (People v. Taylor (2004) 118 Cal.App.4th 11, 18-19.)
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