Mendonsa

People v. Mendonsa

Bad Law
137 Cal. App. 3d 888·187 Cal. Rptr. 363·1982 Cal. App. LEXIS 2180
Court of Appeal of CaliforniaDecember 1, 1982Crim. 24005California2,499 words

Opinion

Opinion

Elkington, J.

A jury found Mendonsa guilty of three counts of discharging a firearm into an occupied dwelling. (Pen. Code, § 246.) He has appealed from a judgment under which he was sentenced to state prison, which was rendered upon the jury’s verdicts.

His contentions of error may reasonably be narrowed to three: (1) that the evidence was not sufficient to support the jury’s verdicts, (2) that his motion for a change of venue was erroneously rejected, and (3) that sentencing error occurred.

As to the first of the contentions, we once again become concerned with the substantial evidence rule by which Mendonsa and this court are strictly bound.

When a jury’s finding of fact is attacked on the ground that there is not any 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 the finding of fact, and when two or more inferences can reasonably be deduced from the facts, a reviewing court is without power to substitute its deductions for those of the jury. It is of no consequence that the jury, believing other…

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