What is the test for overturning a conviction for first degree murder?

California, United States of America


The following excerpt is from People v. Perez, B223276 (Cal. App. 2011):

Appellant contends that the evidence of first degree murder was insufficient to support the verdict. In evaluating this contention, we "must review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidence -- that is, evidence which is reasonable, credible, and of solid value -- such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt." (People v. Johnson (1980) 26 Cal.3d 557, 578.) Even if we might have made different factual findings or drawn different inferences than the jury, we are not to reverse the judgment if the circumstances reasonably justify the factual findings of the jury.

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(People v. Perez (1992) 2 Cal.4th 1117, 1126 (Perez).) Applying this standard, we find substantial evidence to support appellant's conviction for first degree murder.

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