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California
Law Dictionary
Appeal-Standard of Review -Claim of Insufficient Evidence
(In re Daniel G.)
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Criminal Law Appeal Standard of Review -Claim of Insufficient Evidence
(In re Daniel G.)

DISCUSSION

1. Assault Weapon Charge

A. Evidence of Possession

The minor was charged with possession of an assault weapon. (Pen. Code, § 12280, subd. (b).) He contends there was insufficient evidence that he had been in possession of the rifle. When reviewing a claim of insufficient evidence, we examine the entire record in the light most favorable to the prosecution to determine whether it contains reasonable, credible and solid evidence from which the jury could find the defendant guilty beyond a reasonable doubt. If the circumstances reasonably justify the verdict, we will not reverse simply because the evidence might reasonably support a contrary finding. This standard applies to cases based on circumstantial evidence. (People v. Valdez (2004) 32 Cal.4th 73, 104.) The testimony of just one witness is enough to sustain a conviction, so long as that testimony is not inherently incredible. (People v. Provencio (1989) 210 Cal.App.3d 290, 306.) The trier of fact determines the credibility of witnesses, weighs the evidence, and resolves factual conflicts. We cannot reject the testimony of a witness that the trier of fact chooses to believe unless the testimony is physically impossible or its falsity is apparent without resorting to inferences or deductions. As part of its task, the trier of fact may believe and accept as true only part of a witness’s testimony and disregard the rest. On appeal, we must accept that part of the testimony which supports the judgment. (People v. Hrisoulas (1967) 251 Cal.App.2d 791, 796.)

Possession may be actual or constructive. Actual possession means the object is in the defendant’s immediate possession or control. A defendant has actual possession when he himself has the weapon. Constructive possession means the object is not in the defendant’s physical possession, but the defendant knowingly exercises control or the right to control the object. (People v. Pena (1999) 74 Cal.App.4th 1078, 1083-1084.) Possession of a weapon may be proven circumstantially, and possession for even a limited time and purpose may be sufficient. (People v. Neese (1969) 272 Cal.App.2d 235, 245.)

The minor points to the absence of evidence that he owned the rifle, that he brought it to the location, that he placed it in McCraw’s apartment, or that he had access to or dominion over her apartment. According to minor, the evidence shows only that he was one of four persons who were briefly seen handling the rifle. This, he contends, is insufficient to establish either actual or constructive possession. We disagree.

McCraw told Deputy Lash that the minor and the others were in the carport for several hours and that, while there, she saw the minor pointing the rifle. She also testified that she saw the minor with the rifle when she looked out her front door and down the steps leading up to her unit and said in the written statement that she saw the minor passing the gun to the others at that time. We find it highly unlikely that the carport was right at the bottom of the steps leading to an upstairs apartment, suggesting that the minor was involved with the rifle at two different locations in and around the building for an extended period of time. Even if McCraw’s observations all occurred at the same place and time, however, the evidence shows that the minor actually possessed the rifle. McCraw’s statements that the minor passed the rifle to each of the others implies that the others returned it to the minor when their turns were through. She also directly witnessed one of the others pass the weapon to the minor. The fact that the weapon was passed back to the minor, who then passed it in turn to the others, creates a reasonable inference that the weapon was under his control and was therefore in his actual possession. The fact that the weapon was later found in McCraw’s apartment, without apparent explanation for its presence there, does not alter the fact that the minor had previously possessed the rifle.

In re Daniel G. B167064Possession may be actual or constructive

Jul 16 2004

B167064
[PDF] [DOC]

In re Daniel G. 7/16/04 CA2/8

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Munoz v. City of Union City A095846-7/23/04-Civil Case