What is the standard of review for a criminal conviction challenged as lacking evidentiary support?
California, United States of America
The following excerpt is from People v. Yandolino, C084772 (Cal. App. 2019):
"In reviewing a criminal conviction challenged as lacking evidentiary support, ' " 'the court must review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidence--that is, evidence which is reasonable, credible, and of solid value--such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. ' " ' [Citation.] The same standard of
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review applies to special circumstance allegations. [Citation.]" (People v. Hinton (2006) 37 Cal.4th 839, 884.)
The lying-in-wait special circumstance requires " ' "an intentional murder, committed under circumstances which include (1) a concealment of purpose, (2) a substantial period of watching and waiting for an opportune time to act, and (3) immediately thereafter, a surprise attack on an unsuspecting victim from a position of advantage . . . ." [Citations.]' " (People v. Moon (2005) 37 Cal.4th 1, 22.)
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