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

California, United States of America


The following excerpt is from People v. Petronella, G044628 (Cal. App. 2013):

"The standard applied by the trial court under [Penal Code] section 1118.1 in ruling on a motion for judgment of acquittal is the same as the standard applied by an appellate court in reviewing the sufficiency of the evidence to support a conviction. [Citation.]" (People v. Whisenhunt (2008) 44 Cal.4th 174, 200.) "Review of the denial of a section 1118.1 motion made at the close of a prosecutor's case-in-chief focuses on

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the state of the evidence as it stood at that point. [Citation.]" (People v. Houston (2012) 54 Cal.4th 1186, 1215; see also People v. Roldan (2011) 197 Cal.App.4th 920, 924.)

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