People v. Linscott

Although this is a difficult case, I am compelled to disagree with the majority on its reversal of the appellate court. In my opinion the majority commits two errors. It applies the wrong standard of review, and it finds the evidence sufficient to sustain a conviction based on a mere suspicion of guilt.

First, the majority fails to distinguish between appellate review of convictions based upon direct evidence and appellate review of convictions resting wholly upon circumstantial evidence. Where the State’s evidence is wholly circumstantial, the defendant cannot be found guilty unless the facts…