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

California, United States of America


The following excerpt is from People v. Herrera-Dominguez, G038788 (Cal. App. 1/27/2009), G038788. (Cal. App. 2009):

"`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 question `is simply whether the prosecution has presented sufficient evidence to present the matter to the jury for its determination.' [Citation.] . . . The question is one of law, subject to independent review. [Citation.]" (People v. Stevens (2007) 41 Cal.4th 182, 200.)

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