People v. Sutton CA2/6

DISCUSSION

In reviewing the sufficiency of evidence to support an order made in MDO proceedings, we review the entire record to determine if reasonable and credible evidence supports the decision of the trier of fact beyond a reasonable doubt. (People v. Hannibal (2006) 143 Cal.App.4th 1087, 1096; People v. Clark (2000) 82 Cal.App.4th 1072, 1082-1083.) We view the evidence and draw all reasonable inferences therefrom in favor of the order. (People v. Johnson (2020) 55 Cal.App.5th 96, 107; Clark, at p. 1082.) We do not reweigh the evidence nor do we substitute our decision for that of the trier of fact. (Clark, at p. 1083.)

3 Section 2962, subdivision (e)(2)(Q) includes as an underlying criminal offense: “A crime in which the perpetrator expressly or impliedly threatened another with the use of force or violence likely to produce substantial physical harm in a manner that a reasonable person would believe and expect that the force or violence would be used. . . . [S]ubstantial physical harm does not require proof that the threatened act was likely to cause great or serious bodily injury.” Sufficient evidence and reasonable inferences therefrom support the finding beyond a…