California, United States of America
The following excerpt is from People v. Diaz, B258629 (Cal. App. 2016):
"The standard of review is the same in cases in which the People rely mainly on circumstantial evidence." (People v. Cravens (2012) 53 Cal.4th 500, 507.) "Although
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it is the duty of the jury to acquit a defendant if it finds that circumstantial evidence is susceptible of two interpretations, one of which suggests guilt and the other innocence [citations], it is the jury, not the appellate court which must be convinced of the defendant's guilt beyond a reasonable doubt. [Citations.]" (Id. at pp. 507-508.) " 'If the circumstances reasonably justify the trier of fact's findings, the opinion of the reviewing court that the circumstances might also reasonably be reconciled with a contrary finding does not warrant a reversal of the judgment. [Citations.]' " (Id. at p. 508.) Therefore, before we may set aside the judgment, it must be clear that " 'upon no hypothesis whatever is there sufficient evidence to support it.' " (People v. Zamudio (2008) 43 Cal.4th 327, 357.)
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