Can a Defendant argue on appeal that the trial court erred in denying his section 1118.1 motion?

California, United States of America

The following excerpt is from People v. Woods, E053768 (Cal. App. 2012):

^5. Defendant does not argue on appeal that the trial court erred in denying his section 1118.1 motion, in which case we would be limited to examining the evidence in the record as it existed prior to the motion. (People v. Cole (2004) 33 Cal.4th 1158, 1213 ["'Where the section 1118.1 motion is made at the close of the prosecution's case-in-chief, the sufficiency of the evidence is tested as it stood at that point.' [Citation.]"].)

^6. The abstract of judgment actually reads "assault w deadly weapon/instr."

^7. The latter section does not exist. We assume this is a typographical error, which should read section 1170.12.

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