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

California, United States of America


The following excerpt is from People v. Holbert, G054364 (Cal. App. 2018):

[Citations.] Our review is the same in a prosecution primarily resting upon circumstantial evidence. [Citations.] We do not redetermine the weight of the evidence or the credibility of witnesses. [Citations.] We must accept logical inferences that the jury might have drawn from the evidence although we would have concluded otherwise. [Citations.] 'If the circumstances reasonably justify the trier of fact's findings, reversal of the judgment is not warranted simply because the circumstances might also reasonably be reconciled with a contrary finding.' [Citation.]" (People v. Vasquez (2015) 239 Cal.App.4th 1512, 1516-1517, italics added.)

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