Brown

People v. Brown

Good Law
116 Cal. App. 3d 820·172 Cal. Rptr. 221·1981 Cal. App. LEXIS 1547
Court of Appeal of CaliforniaFebruary 18, 1981Crim. 19514California2,409 words

Opinion

Opinion

Elkington, J.

— On a jury’s verdict, defendant Benjamin Jerrel Brown was convicted of selling heroin in violation of Health and Safety Code section 11352. Judgment was entered upon the verdict and sentence to state prison was thereupon imposed, followed by suspension of execution of the sentence and an order granting probation. His appeal is from an “Order of the Superior Court” which we treat as from the judgment, as was manifestly intended. (See Witkin, Cal. Criminal Procedure (1963) Appeal, §§ 690-691, pp. 673-674.)

We consider the several contentions of the appeal as they are phrased by Brown:

I.

Contention: “The evidence of aiding and abetting was insufficient to support the jury’s verdict.”

“When the sufficiency of the evidence is challenged on appeal, the court must review the whole record in the light most favorable to the judgment to determine whether it .contains substantial evidence— i.e., evidence that is credible and of solid value — from which a rational trier of fact could have found the defendant guilty beyond a reasonable doubt.” (People v. Green (1980) 27 Cal.3d 1, 55 [ 164 Cal.Rptr. 1 , 609 P.2d 468 ]; italics added.)

Reviewing the whole record in the light most…

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