In re L.B. CA3

Good Law
Court of Appeal of CaliforniaJune 24, 2015C075558California776 words

Opinion

Opinion

DISCUSSION

The minor contends there was insufficient evidence to support the finding as to count three that she concealed stolen property. She contends the cell phone was not stolen when she received it and she returned it the next day upon request. On appeal, “the court must review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidence -- that is, evidence which is reasonable, credible, and of solid value -- such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.” (People v. Johnson (1980) 26 Cal.3d 557, 578; In re Oscar R. (1984) 161 Cal.App.3d 770, 773.) Substantial evidence includes circumstantial evidence and the reasonable inferences flowing therefrom. (In re James D. (1981) 116 Cal.App.3d 810, 813.) “A conviction for receiving stolen property cannot withstand appellate scrutiny unless substantial evidence was presented to the trier of fact that (1) the property was

Undesignated statutory references are to the Penal Code.

3 received, concealed, or withheld by the accused; (2) such property had been obtained by theft or extortion; and (3) the accused knew that…

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