What is the legal test for reversal of a finding that insufficient evidence supports a jury's finding that a gang was responsible for a sexual assault?

California, United States of America


The following excerpt is from People v. Cachu, B279334 (Cal. App. 2017):

fact the trier could reasonably deduce from the evidence.'" (People v. Edwards (2013) 57 Cal.4th 658, 715.) "A reversal for insufficient evidence 'is unwarranted unless it appears "that upon no hypothesis whatever is there sufficient substantial evidence to support"' the jury's verdict." (People v. Zamudio (2008) 43 Cal.4th 327, 357.) The same standard applies to a claim that insufficient evidence supports a jury's gang allegation finding. (People v. Villalobos (2006) 145 Cal.App.4th 310, 321-322.)

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