Is a defendant entitled to a retrial after a reversal of judgment by the Court of Appeal for insufficient evidence?

We reject defendant's argument as being inconsistent with the separate scheme that has long governed retrials after appellate reversals for insufficient evidence.⁴ As previously noted, section 1262 provides that a reversal of a judgment against the defendant "shall be deemed an order for a new trial, unless the appellate court shall otherwise direct." As we explained over 80 years ago, an appellate court's power to direct otherwise i.e., to direct a trial court to enter judgment on an issue in the appellant's favor "should be exercised only when, upon a full consideration of the record, the party against whom the judgment is [to be] entered in the trial court could not successfully meet the contentions of his adversary upon a retrial or reconsideration of the case in the trial court." (Tupman v. Haberkern (1929) 208 Cal. 256, 269, 280 P. 970.) Before an appellate court may exercise this power, "`it must appear from the record ... that on no theory grounded in reason and justice could the party defeated on appeal make a further substantial showing in the trial court in support of his cause. [Citations.]" (Boyle v. Hawkins (1969) 71 Cal.2d 229, 232, fn. 3, 78 Cal.Rptr. 161, 455 P.2d 97 (Boyle).) Thus, where an appellate court finds that "the evidence is insufficient to support the verdict," the "normal rule" is that the losing party on appeal is "entitled to a retrial." (Id. at pp. 232-233, fn. 3, 78 Cal.Rptr. 161, 455 P.2d 97.) Under section 1180, "[t]he granting of a new trial places the parties in the same position as if no trial had been had" and "[a]ll the testimony must be produced anew."