In what circumstances will the Court consider the sufficiency of evidence in determining whether the evidence was sufficient to prevent or dissuade a victim or witness from reporting a crime?

California, United States of America

The following excerpt is from People v. Geise, 2d Crim. No. B266147 (Cal. App. 2016):

In deciding the sufficiency of the evidence, we view the record "'in a light most favorable'" to the judgment and "'presume in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence.'" (People v. Johnson

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(1980) 26 Cal.3d 557, 576.) We do not weigh the evidence or decide the credibility of the witnesses. (People v. Upsher (2007) 155 Cal.App.4th 1311, 1322.)
"Section 136.1 criminalizes trying to dissuade a victim [or witness] from reporting a crime." (People v. Upsher, supra, 155 Cal.App.4th at p. 1320.) "To prove a violation of section 136.1, subdivision (b)(1), the prosecution must show (1) the defendant has attempted to prevent or dissuade a person (2) who is a victim or witness to a crime (3) from making any report of his or her victimization to any peace officer or other designated officials." (Ibid.) The term "report" includes both "notifying the authorities that the crime has occurred" and "providing information about the offense." (People v. Fernandez (2003) 106 Cal.App.4th 943, 948.)

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