What is the standard for appellate review of a criminal conviction?

The standard for appellate review of a criminal conviction in California is defined by California Penal Code Section 1237. In this section, the court must review the record on appeal to determine whether the verdict of the trial court is proper. The court must consider the whole record, including both the evidence presented at trial and the trial court’s rulings, to determine if there was any error in the proceedings. The court of appeals will not substitute its judgment for that of the trial judge unless the verdict or findings are not supported by the evidence. The California Supreme Court has articulated the following standards for appellate review of a criminal conviction: 1. The court of appeals must search the record for any evidence that supports the verdict or findings of the lower court. 2. The court of appeals must consider all evidence that supports the defendant’s claim of innocence, even if that evidence was not presented at trial. 3. The court of appeals may reverse the conviction if it finds that the verdict or findings were not supported by the evidence. 4. The court of appeals is required to evaluate all relevant evidence presented and draw reasonable inferences from the evidence presented. In conclusion, the standard for appellate review of a criminal conviction in California requires the court of appeals to consider the whole record, including both evidence presented at trial and the trial court’s rulings, to determine if there was any error in the proceedings. The court of appeals must search the record for any evidence that supports the verdict or findings of the lower court and consider all evidence that supports the defendant’s claim of innocence. If the court of appeals finds that the verdict or findings were not supported by the evidence, it may reverse the conviction.

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