California, United States of America
The following excerpt is from The People v. Archibeque, H034073, No. CC652691 (Cal. App. 2010):
"If a count is submitted to a jury on alternative theories, and the evidence is insufficient as to one theory, we assume that the jury rested its verdict on the theory adequately supported by the evidence...." (People v. Silva (2001) 25 Cal.4th 345, 370.) "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.
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[Citations.] We apply this standard in determining the sufficiency of the evidence to establish premeditation and deliberation as elements of first degree murder. [Citation.]" (Id. at p. 368.) "The test is whether substantial evidence supports the decision [of the trier of fact], not whether the evidence proves guilt beyond a reasonable doubt. [Citations.]" (People v. Mincey (1992) 2 Cal.4th 408, 432.) "Reversal on this ground is unwarranted unless it appears 'that upon no hypothesis whatever is there sufficient substantial evidence to support [the conviction].' [Citation.]" (People v. Bolin (1998) 18 Cal.4th 297, 331.)
" 'A verdict of deliberate and premeditated first degree murder requires more than a showing of intent to kill.... "Deliberation" refers to careful weighing of considerations in forming a course of action; "premeditation" means thought over in advance.... "The process of premeditation and deliberation does not require any extended period of time. 'The true test is not the duration of time as much as it is the extent of the reflection. Thoughts may follow each other with great rapidity and cold, calculated judgment may be arrived at quickly.' " ' [Citation.]" (People v. Cole (2004) 33 Cal.4th 1158, 1224 (Cole); People v. Solomon (2010) 49 Cal.4th 792, 812 (Solomon))
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