What is the test for reversing a jury verdict in a sexual assault case?

California, United States of America


The following excerpt is from People v. Herrera, G048676 (Cal. App. 2014):

The bottom line is this: Herrera offers alternative and innocuous explanations of the evidence. However, deciding the credibility of witnesses and what actually happened is the jury's job. Reversals are not obtained because the circumstances might also reasonably be reconciled with a contrary verdict. We cannot isolate the links of circumstantial evidence in the way Herrera would like because we "'must review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidence'" of guilt. (People v. Brown (1995) 35 Cal.App.4th 1585, 1598.) Here, substantial evidence supports the verdict.

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