What standard of review applies where a defendant inflicts corporal injury on a former cohabitant?

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.)

Other Questions


Does Section 273.5 apply where a defendant inflicts corporal injury on a "cohabitant" or "former cohabitant"? (California, United States of America)
What is the test for determining whether a defendant committed a crime of inflicting corporal injury on a former cohabitant causing a traumatic condition? (California, United States of America)
What is the standard of review applicable in assessing whether instructions in a personal injury case apply to a defendant? (California, United States of America)
In reviewing a section 654 challenge, what standard of review does the court apply in reviewing the challenge? (California, United States of America)
Does the continuous conduct exception apply in a sexual assault case where defendant claimed some injuries were self-inflicted and others were inflicted in self-defense? (California, United States of America)
What is the test for determining whether a defendant inflicted great bodily injury on an accomplice who did not personally inflict the injury? (California, United States of America)
How does the abuse of review standard of review apply? (California, United States of America)
What is the standard of review applied by a reviewing court to determine that a sentence is cruel and unusual? (California, United States of America)
What is the standard of review applied to exclude a criminal defendant from pretrial and trial proceedings? (California, United States of America)
Does section 654 of the California Criminal Code apply to a defendant convicted of corporal injury to his spouse? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.