What is the legal test for overturning a finding of guilty of sexual assault based on circumstantial evidence?

California, United States of America


The following excerpt is from People v. AMEZCUA, No. B223064, No. TA107057 (Cal. App. 2011):

The hurdle to secure a reversal is just as high when the prosecution's case depends on circumstantial evidence. (People v. Stanley (1995) 10 Cal.4th 764, 792.) "'"'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. [Citations.]"'"' (Id. at p. 793.)

An out-of-court identification is sufficient to support a conviction, even if the witness is unable to positively identify the defendant at trial. (People v. Cuevas (1995) 12 Cal.4th 252, 257, 272.) It is the exclusive function of the trier of fact to assess the credibility of witnesses and draw reasonable inferences from the evidence. (People v. Alcala (1984) 36 Cal.3d 604, 623.)

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