What is the legal test used to determine whether a defendant has committed a crime under the California Sexual Offences Act?
California, United States of America
The following excerpt is from People v. Naranjo, D064726 (Cal. App. 2014):
The trial court in applying the statute follows essentially the same standard of review as that used on appeal. Assuming the jury believes the prosecution evidence, the court must determine if such evidence is substantial and could be found to prove each element of the offense beyond a reasonable doubt. (People v. Cole (2004) 33 Cal.4th 1158, 1212-1213; People v. Land, supra, 30 Cal.App.4th at p. 223.)
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