What is the substantial evidence standard of review in a sexual assault case when the prosecution case is based on circumstantial evidence?

California, United States of America


The following excerpt is from People v. Delano, E073022 (Cal. App. 2020):

of fact must be an inference drawn from evidence rather than . . . a mere speculation as to probabilities without evidence.' " (People v. Morris (1988) 46 Cal.3d 1, 21, overruled on other grounds in In re Sassounian (1995) 9 Cal.4th 535, 543-545.)

The substantial evidence standard of review also applies when the prosecution's case is based on circumstantial evidence: " ' "Although 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. ' "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." ' " ' " (People v. Lucero (2019) 41 Cal.App.4th 370, 414.)

2. Analysis

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