California, United States of America
The following excerpt is from People v. Spigner, F053344 (Cal. App. 4/6/2009), F053344. (Cal. App. 2009):
". . . we look to whether there is substantial evidence in the record in support of the questioned element of the charged offense. [Citations.] It is not our function to decide whether the evidence proves the existence of that element beyond a reasonable doubt, as that finding and weighing of the evidence has already been performed by the trier of fact at the trial level. [Citations.] We review the whole record in the light most favorable to the judgment and presume in support of the judgment every fact the trier could reasonably deduce from the evidence. [Citations.]" (People v. Gallardo (1994) 22 Cal.App.4th 489, 492.)
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