California, United States of America
The following excerpt is from People v. Lawrence, B266336 (Cal. App. 2017):
Because there was substantial evidence on which the jury could have found defendant guilty of the attempted murder of Sims on a direct victim theory, defendant's challenge to the sufficiency of the evidence amounts to a claim that the jury was presented with a factually inadequate kill zone theory of attempted murder (coupled with another theory of liability we have found to be factually adequate). In such a situation, "[w]e will affirm 'unless a review of the entire record affirmatively demonstrates a reasonable probability that the jury in fact found the defendant guilty solely on the [allegedly] unsupported theory.' [Citation.]" (People v. Perez (2005) 35 Cal.4th 1219, 1233.) For the sake of argument, we will assume there is a reasonable
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