When a criminal defendant challenges the sufficiency of the evidence to support a true finding on an enhancement allegation, does the court review the whole record?
California, United States of America
The following excerpt is from People v. Johnson, E055133 (Cal. App. 2013):
When a criminal defendant challenges the sufficiency of the evidence to support a true finding on an enhancement allegation, this court must determine whether a reasonable trier of fact could have found that the prosecution sustained its burden of proving the allegation beyond a reasonable doubt. (People v. Ochoa (1998) 19 Cal.4th 353, 413-414.) We review the whole record in the light most favorable to the jury's finding. (Id. at p. 413.)
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