People v. Lopez CA6

DISCUSSION

Defendant asserts on appeal that the evidence presented at trial was insufficient to support his conviction for assault with a deadly weapon. In addition, defendant argues the court erred in answering the jury’s questions, and that his counsel was ineffective for failing to object to the court’s answers. Sufficiency of the Evidence When considering a challenge to the sufficiency of the evidence to support a criminal conviction or enhancement, we determine whether there is substantial evidence. Substantial evidence is reasonable, credible, and of solid value such that a reasonable trier of fact could make the necessary findings beyond a reasonable doubt. In making this determination, we do not reweigh the evidence, resolve conflicts in the evidence, or reevaluate the credibility of witnesses. Rather, we review the whole record in the light most favorable to the judgment, we draw all reasonable inferences from the evidence that

2 The parties stipulated that for the charge of assault with a deadly weapon, the prosecution would rely only on the evidence of defendant’s swinging the hatchet at Bermudez while he was on the couch holding the baby, and not defendant’s slash of…