Is possession of recently stolen property sufficient to overturn a conviction?

California, United States of America


The following excerpt is from People v. Rosales, C082587 (Cal. App. 2019):

"[P]ossession of recently stolen property by itself is not sufficient to support a finding of guilt of any offenseincluding theft-related offensesand, accordingly, there must be other corroborating evidence of the defendant's guilt." (People v. Moore (2011) 51 Cal.4th 1104, 1130.) For theft-related offenses, the corroboration need only be slight. (Id. at pp. 1130-1131.) But even with respect to other offenses, "the corroborating evidence need not be sufficient to prove guilt by itself." (Id. at p. 1131.) " 'When considering a challenge to the sufficiency of the evidence to support a conviction, we

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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 presume in support of the judgment the existence of every fact the trier of fact reasonably could infer from the evidence. [Citation.] If the circumstances reasonably justify the trier of fact's findings, reversal of the judgment is not warranted simply because the circumstances might also reasonably be reconciled with a contrary finding. [Citation.] A reviewing court neither reweighs evidence nor reevaluates a witness's credibility.' " (People v. Covarrubias (2016) 1 Cal.5th 838, 890.)

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