What is the standard governing review of a challenge to the evidence in support of a gang enhancement finding?

California, United States of America


The following excerpt is from People v. Jackson, B267759 (Cal. App. 2017):

The standard governing appellate review of a challenge to the sufficiency of the evidence in support of a gang enhancement finding "is the same as that governing review of sufficiency claims generally. [Citation.]" (People v. Leon (2008) 161 Cal.App.4th 149, 161.) Accordingly, in addressing a challenge to the sufficiency of the evidence to support a gang enhancement finding under section 186.22, subdivision (b), we review the

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entire record in the light most favorable to the jury's finding to determine whether it contains substantial evidence evidence that is reasonable, credible, and of solid value from which a reasonable trier of fact could have based its decision. (People v. Wilson (2008) 44 Cal.4th 758, 806.) We must presume every fact in support of the judgment that the trier of fact reasonably could have deduced from the evidence. (Ibid.)

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