In reviewing a claim of insufficient evidence, what is the standard used by the courts to determine whether to grant an enhancement?

California, United States of America


The following excerpt is from People v. Lopez, B267401 (Cal. App. 2017):

In reviewing a claim of insufficient evidence, " ' "we review the whole record in the light most favorable to the judgment to determine whether it discloses substantial evidencethat is, evidence that is reasonable, credible, and of solid valuefrom which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt." ' " (People v. Wilson (2008) 44 Cal.4th 758, 806.) " 'We review the sufficiency of the evidence to support an enhancement using the same standard we apply to a conviction. [Citation.] Thus, we presume every fact in support of the judgment the trier of fact could have reasonably deduced from the evidence.' " (Ibid.)

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