Can a defendant appeal against a finding that the evidence sufficient to support the jury's findings?
California, United States of America
The following excerpt is from People v. Ebert-Stallworth, C076574 (Cal. App. 2018):
have applied the wrong standard by concluding independently that the evidence sufficed to support the jury's findings, despite defense counsel's citation of the correct standard that the trial court is supposed to act as an independent trier of fact. (Porter v. Superior Court (2009) 47 Cal.4th 125, 133.) However, defendant on appeal does not challenge the denial of the motion for new trial.
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