In re B. W. CA3

Good Law
Court of Appeal of CaliforniaJune 23, 2015C075965California698 words

Opinion

Opinion

DISCUSSION

On appeal, the minor contends the trial court’s finding that he committed assault with a deadly weapon is not supported by substantial evidence. He argues Alexis’s testimony did not describe conduct that “amount[s] to an assault with a firearm.” We disagree. To the extent the minor suggests the evidence against him was insufficient because “according to every . . . witness called to testify [other than Alexis], absolutely no one observed [the minor] point a gun at [Alexis],” that argument is without merit because “ ‘unless the testimony is physically impossible or inherently improbable, testimony of a single witness is sufficient to support a conviction.’ ” (People v. Brown (2014) 59 Cal.4th 86, 106.) Alexis’s testimony is therefore sufficient to sustain the trial court’s finding, provided the conduct she described constituted an assault. We “view the [record on appeal] in the light most favorable to the respondent . . . and [we do] not disturb the finding of the trier of fact if there is substantial evidence in the record in support thereof” (Estate of Isenberg’s (1944) 63 Cal.App.2d 214, 216-217) to determine that the minor made “ ‘an unlawful attempt, coupled with a…

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