Is insufficient evidence sufficient to overturn a conviction for sexual assault?
California, United States of America
The following excerpt is from People v. Lewis, C076707 (Cal. App. 2016):
It is well settled that in reviewing the sufficiency of evidence, we ask 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. We resolve neither credibility nor evidentiary issues. (People v. Young (2005) 34 Cal.4th 1149, 1181.) We will reverse for insufficient evidence only if " ' " 'it appears "that upon no hypothesis whatever is there sufficient substantial evidence to support [the conviction].' " ' " (People v. Manriquez (2005) 37 Cal.4th 547, 577, italics added.)
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