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. Rojo, D056819, Super. Ct. No. RIF142794 (Cal. App. 2011):

court presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. [Citations.] The same standard applies when the conviction rests primarily on circumstantial evidence. [Citation.] 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. [Citation.] ' "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. (People v. Kraft (2000) 23 Cal.4th 978, 1053-1054; see also People v. Ceja (1993) 4 Cal.4th 1134, 1139.)

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