People v. Martin CA3

DISCUSSION

I Sufficiency of Evidence Defendant contends the evidence was insufficient to convict him on any of the charges. He claims that, as to all of the charges, the evidence was insufficient to establish that he was present at the scene of the crimes. As to the robbery count, he claims the evidence was insufficient that Hernandez possessed the stolen beer. He also claims the evidence was insufficient to convict him on the remaining counts of assault, battery, and participation in a criminal street gang. We conclude that, with the exception of the assault charge, the evidence was sufficient to convict defendant of each of these charges. A. Legal Background “ ‘In reviewing the sufficiency of evidence under the due process clause of the Fourteenth Amendment to the United States Constitution, the question we ask is “whether, after viewing the evidence in the light most favorable to the prosecution, any

The jury found Santiago and Vega not guilty on all counts. Rivas was later convicted of aggravated mayhem, robbery, aggravated assault, and participation in a criminal street gang along with various firearm and gang enhancements. (See People v. Rivas (2015) 238 Cal.App.4th…