What is the test for determining whether a defendant's element of knowledge rests substantially on circumstantial evidence?

California, United States of America

The following excerpt is from People v. Salazar, C056413 (Cal. App. 10/1/2008), C056413 (Cal. App. 2008):

Nevertheless, we need not split hairs, or even tear out our own hair, in determining whether the element of defendant's knowledge rests substantially on circumstantial evidence. As our high court observed in a similar situation in People v. Rodrigues (1994) 8 Cal.4th 1060, "[b]ecause the trial court delivered the more inclusive instruction under CALJIC No. 2.01 [CALCRIM No. 224's substantively same predecessor], its refusal to additionally instruct with CALJIC No. 2.02 [CALCRIM No. 225's substantively same predecessor] clearly was not prejudicial error." (Id. at p. 1142.)

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