When assessing the sufficiency of the evidence to support a finding under section 186.22, subdivision (b) of the California Criminal Code, what is the test for reversal of a conviction?

California, United States of America


The following excerpt is from People v. Peters, A131097, A132226 (Cal. App. 2013):

When assessing the sufficiency of the evidence to support a finding under section 186.22, subdivision (b), " 'we review the entire record in the light most favorable to the judgment to determine whether it discloses evidence that is reasonable, credible, and of solid value such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. [Citations.]' [Citation.] We resolve all conflicts in the evidence and questions of credibility in favor of the verdict, and indulge every reasonable inference the jury could draw from the evidence. [Citation.] . . . . Reversal is unwarranted unless ' " 'upon no hypothesis whatever is there sufficient substantial evidence to support [the conviction].' " ' [Citation.]" (People v. Mendez (2010) 188 Cal.App.4th 47, 56; see also People v. Villalobos (2006) 145 Cal.App.4th 310, 321-322.)

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