People v. Parker CA6

Discussion Sufficiency of the Evidence As noted, appellant contends that there was insufficient evidence to support his murder conviction and the lying-in-wait special circumstance. In reviewing the sufficiency of the evidence on appeal, we determine whether substantial evidence exists such that any rational trier of fact could find the essential elements of the crime beyond a reasonable doubt. (People v. Johnson (1980) 26 Cal.3d 557, 575-578 (Johnson); see also Jackson v. Virginia (1979) 443 U.S. 307, 318-319.) 2 In making this determination, we presume the existence of every fact the trier of fact could reasonably deduce from the evidence in support of the judgment and resolve conflicts in favor of the prosecution. (Johnson, supra, at p. 576.) We do not substitute our evaluation of the credibility of the witness “ ‘unless there is either a physical impossibility that the testimony is true or that the falsity is apparent without resorting to inferences or deductions. [Citations.]’ [Citation.]” (In re Andrew I. (1991) 230 Cal.App.3d 572, 578.) The test on appeal is whether there is substantial evidence that would support a guilty finding. (People v. Reilly (1970) 3 Cal.3d 421,…