When assessing the sufficiency of the evidence in proceedings pursuant to the SVPA, how does the court assess the evidence?

California, United States of America


The following excerpt is from People v. Olsen, H036654 (Cal. App. 2012):

When assessing the sufficiency of the evidence in proceedings held pursuant to the SVPA, we "review the entire record in the light most favorable to the judgment to determine whether substantial evidence supports the determination below. [Citation.] To be substantial, the evidence must be ' "of ponderable legal significance . . . reasonable in nature, credible and of solid value." ' [Citation.] " (People v. Mercer (1999) 70 Cal.App.4th 463, 466.)

Moreover, " '[i]n reviewing the record to determine the sufficiency of the evidence this court may not redetermine the credibility of witnesses, nor reweigh any of the evidence, and must draw all reasonable inferences, and resolve all conflicts, in favor of the judgment.' [Citation.]" (People v. Sumahit (2005) 128 Cal.App.4th 347, 352 (Sumahit).)

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