Is there substantial evidence to support that there was actual or constructive possession of a firearm?
California, United States of America
The following excerpt is from People v. Jordan, B280325 (Cal. App. 2019):
Such speculation does not constitute substantial evidence. (See People v. Waidla (2000) 22 Cal.4th 690, 735 ["'speculation is not evidence, less still substantial evidence'"].) Because there was no substantial evidence to support a finding that Jordan had actual or constructive possession of a firearm, his convictions in count one and count two must be reversed.2
The judgment of conviction is reversed.
ZELON, Acting P. J.
We concur:
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