California, United States of America
The following excerpt is from People v. Burgess, 275 Cal.Rptr.3d 170 (Cal. App. 2021):
To decide whether substantial evidence supports the jury's finding that Burgess possessed firearms in violation of an express condition of his probation, " we review the whole record to determine whether any rational trier of fact could have found the essential elements of the crime ... beyond a reasonable doubt. " ( People v. Penunuri (2018) 5 Cal.5th 126, 142, 233 Cal.Rptr.3d 324, 418 P.3d 263.) We assess the evidence " in the light most favorable to the prosecution, " presuming " every fact the jury could reasonably have deduced from the evidence. " ( Ibid. ) We will not reverse unless it appears " "that upon no hypothesis whatever is there sufficient substantial evidence to support" the jury's verdict. " ( Ibid. )
II. Section 29815 Requires a Binding Probation Condition
Section 29815 subdivision (a) provides: "Any person who, as an express condition of probation, is prohibited from
[275 Cal.Rptr.3d 175]
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