What is the legal test for overturning a conviction for sexual assault based solely on circumstantial evidence?

California, United States of America


The following excerpt is from People v. Lemus, B231036 (Cal. App. 2012):

The same standard applies when the conviction rests primarily on circumstantial evidence. (People v. Perez (1992) 2 Cal.4th 1117, 1124.) Although it is the jury's duty to acquit a defendant if it finds the circumstantial evidence susceptible of two reasonable interpretations, one of which suggests guilt and the other innocence, it is the jury, not the appellate court that must be convinced of the defendant's guilt beyond a reasonable doubt. (Ibid.) '"If the circumstances reasonably justify the trier of fact's findings, the opinion of the reviewing court that the circumstances might also reasonably be reconciled with a contrary finding does not warrant a reversal of the judgment. [Citation.]'" (People v. Thomas (1992) 2 Cal.4th 489, 514.) Applying this standard, appellant's argument fails to persuade us that reversal of the convictions is warranted.

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