What is the test for failing to provide sufficient evidence to convict a defendant in a sexual assault case?

California, United States of America


The following excerpt is from People v. Javier, B160036. (Cal. App. 2003):

case is whether, on the entire record, a rational trier of fact could find appellant guilty beyond a reasonable doubt. [Citations.] In making this determination, the appellate court must view the evidence in a light most favorable to respondent and presume in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. . . . Our task . . . is twofold. First, we must resolve the issue in the light of the whole record. . . . Second, we must judge whether the evidence . . . is substantial. . . .' (People v. Barnes (1986) 42 Cal.3d 284, 303, 228 Cal. Rptr. 228, 721 P.2d 110.)" (People v. Proby (1998) 60 Cal.App.4th 922, 928, italics in original, internal quotation marks omitted.)

2. Insufficiency of Evidence

a. Credibility of Witness

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