Brown
People v. Brown
Opinion
Opinion
Elkington, J.
A jury found defendant Brown guilty of the crimes of grand theft and burglary, and he admitted serving a recent prior prison term. The trial court thereafter set aside the burglary conviction. He was sentenced to state prison for a three-year aggravated term on the grand theft charge with a one-year enhancement for the prior conviction and prison term. He appeals from the judgment.
It is first contended by Brown that: “The California Constitution precludes a conviction where the only evidence connecting the accused with a crime is a prior statement repudiated by a witness at trial.”
In stating the relevant evidence, we follow the rules laid down in People v. Johnson (1980) 26 Cal.3d 557, 576-577 [ 162 Cal.Rptr. 431 , 606 P.2d 738, 16 A.L.R.4th 1255 ], and Grainger v. Antoyan (1957) 48 Cal.2d 805, 807 [ 313 P.2d 848 ]. When a jury’s verdict is attacked on the ground that there is no substantial evidence to sustain it, the power of an appellate court begins and ends with the determination as to whether, on the entire record, there is any substantial evidence, contradicted or uncontradicted, which will support it, and when two or more inferences can reasonably be deduced…