What is the standard of review in cases where the prosecution relies mainly on circumstantial evidence?

California, United States of America


The following excerpt is from People v. Nesby, B294625 (Cal. App. 2020):

"'The standard of review is the same in cases in which the prosecution relies mainly on circumstantial evidence.' [Citations.] 'We presume in support of the judgment the existence of every fact the trier of fact reasonably could infer from the evidence. [Citation.] If the circumstances reasonably justify the trier of fact's findings, reversal of the judgment is not warranted simply because the circumstances might also reasonably be reconciled with a contrary finding.'" (People v. Westerfield, supra, 6 Cal.5th at p. 713; accord, People v. Penunuri, supra, 5 Cal.5th at p. 142 ["'A reversal for insufficient evidence "is unwarranted unless it appears 'that upon no hypothesis whatever is there sufficient substantial evidence to support'" the jury's verdict.'"].)

2. Substantial evidence supports the jury's finding Nesby committed the May 4, 2014 crimes

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