What is the legal test for a motion for judgment of acquittal pursuant to section 1118.1 of the Penal Code?

California, United States of America


The following excerpt is from People v. Ruiz, G044156, Super. Ct. No. 08WF0147 (Cal. App. 2011):

"'"The standard applied by a trial court in ruling upon a motion for judgment of acquittal pursuant to [Penal Code] section 1118.1 is the same as the standard applied by an appellate court in reviewing the sufficiency of the evidence to support a conviction, that is, 'whether from the evidence, including all reasonable inferences to be drawn therefrom, there is any substantial evidence of the existence of each element of the offense charged.'" [Citation.] "The purpose of a motion under section 1118.1 is to weed out as soon as possible those few instances in which the prosecution fails to make even a prima facie case." [Citations.]"' (People v. Arias (2011) 193 Cal.App.4th 1428, 1437.)

"A conviction can not be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof. [] An accomplice is hereby defined as one who is liable to prosecution for the identical offense charged against the defendant on trial in the cause in which the testimony of the accomplice is given." ( 1111.) Corroborating evidence need be only slight. (People v. Lewis (2001) 26 Cal.4th 334, 370.)

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