What is the standard applied by a court to grant a motion for judgment of acquittal pursuant to section 1118.1?

California, United States of America


The following excerpt is from People v. Lynch, 237 P.3d 416, 50 Cal.4th 693 (Cal. 2010):

The standard applied by a trial court in ruling upon a motion for judgment of acquittal pursuant to 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.] The question is simply whether the prosecution has presented sufficient evidence to present the matter to the jury for its determination. [Citation.] The sufficiency of the evidence is tested at the point the motion is made. [Citations.] The question is one of law, subject to independent review. ( People v. Stevens (2007) 41 Cal.4th 182, 200, 59 Cal.Rptr.3d 196, 158 P.3d 763.)

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