What is sufficient evidence to sustain a conviction for assault against a defendant who allegedly beat a victim with a belt on the eve of Thanksgiving?

California, United States of America


The following excerpt is from People v. Andrus, C082623 (Cal. App. 2017):

Here, the record contains substantial evidence in support of the convictions. The victim testified that defendant beat him with a belt sometime before Thanksgiving. The victim's brother corroborated that account, testifying he was outside the room when it happened, and the beating occurred two to three days before Thanksgiving. That testimonywhich was also corroborated by other witnessesis sufficient to support the judgment. (See People v. Young (2005) 34 Cal.4th 1149, 1181 ["unless the testimony is physically impossible or inherently improbable, testimony of a single witness is sufficient to support a conviction"].)

Defendant's testimony to the contrary was clearly rejected by the jury. And based upon the evidence in the record, rejecting defendant's account was eminently reasonable. We may not reverse simply because there is conflicting evidence favoring defendant. (See People v. Cortes (1999) 71 Cal.App.4th 62, 71 [on appeal, we do not resolve evidentiary conflicts or reevaluate witness credibility].)

Page 6

The judgment is affirmed.

Other Questions


Are there two types of evidence in a sexual assault case where the alleged victim disclosed details about the alleged assault? (California, United States of America)
When the evidence is sufficient to sustain some but not all alleged damages, when the evidence does not support all of the damages, will the court reduce the judgment to the amount supported by the evidence? (California, United States of America)
When reviewing the sufficiency of the evidence to support the conviction of a defendant in a sexual assault case, what is the test for sufficiency? (California, United States of America)
In assessing the sufficiency of the evidence to support a conviction, what is the test for a jury to convict a defendant of sexual assault? (California, United States of America)
What is the test for failing to provide sufficient evidence to convict a defendant in a sexual assault case? (California, United States of America)
Can a defendant claiming self-defense to an assaultive crime present evidence of a victim's violent nature to show the victim was the aggressor? (California, United States of America)
Is there any case law where a defendant's prior conviction for sexual assault was not sufficient evidence of implied malice? (California, United States of America)
What is sufficient corroborating evidence to sustain the conviction of a convicted burglar for running and hiding from the police? (California, United States of America)
What is sufficient evidence to have been sufficient evidence for a jury to find that defendant intentionally poisoned a patient? (California, United States of America)
Can a defendant appeal against his conviction for sexual assault against the evidence that supports his conviction? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.