Is Defendant's argument that the evidence presented to the jury was insufficient sufficient to support the jury's findings?

California, United States of America


The following excerpt is from People v. Medina, C081307 (Cal. App. 2017):

Defendant's remaining arguments regarding the sufficiency of the evidence may be shortly dispatched. He first argues about what evidence was not presented -- for example, he asserts there was no evidence anyone "shouted any gang slogans [during the robbery] or stated that the offense was being committed by any gang." But the issue for us to decide is not what evidence was missing, but whether the evidence that was presented was sufficient to support the jury's findings. To make a proper argument that it was not, defendant was obliged to "set forth in his opening brief all of the material evidence on the disputed elements of the crime in the light most favorable to the People, and then . . . persuade us that evidence cannot reasonably support the jury's verdict." (People v. Sanghera (2006) 139 Cal.App.4th 1567, 1574.) Defendant did not do that; thus, he has failed to carry his burden of showing the evidence was insufficient. (See ibid.)

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