Is insufficient evidence sufficient to convict a defendant on a charge of making threats under section 422 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Fennell, B288293 (Cal. App. 2019):

Defendant contends that there was insufficient evidence to support the elements of the criminal threats charge under section 422. "'When considering a challenge to the sufficiency of the evidence to support a conviction, we review the entire record in the light most favorable to the judgment to determine whether it contains 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.' [Citation.] We determine 'whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.' [Citation.] In so doing, a reviewing court 'presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence.' [Citation.]" (People v. Edwards (2013) 57 Cal.4th 658, 715.)

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