United States v. Dennis Yoshida

Appellant, Dennis Yoshida, appeals his conviction entered after a jury trial for perjury. The sole question presented on appeal is whether appellant was under oath at the time he signed the affidavit which served as the basis for the indictment. We affirm.

Appellant argues the evidence presented at trial was insufficient to sustain the conviction. In considering this point, the appellate standard is whether, after “viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Balk, 706 F.2d 1056, 1059 (9th Cir.1983).

In Smith v. United States, 363 F.2d 143 (5th Cir.1966), the Court wrote:

Id. at 144 ; see also United States v. Arias, 575 F.2d 253, 254 (9th Cir.1978). In the instant case, defendant testified that the notary public who witnessed the signature asked him if the contents of the affidavit were true to which defendant replied in the affirmative. Further, it appears that the affidavit itself contained a jurat reading, “Subscribed and sworn to before me ....”, and the text of the affidavit began with the words, “DENNIS YOSHIDA, being first…