What is the standard for a motion for judgment of acquittal under section 1118.1?

California, United States of America


The following excerpt is from People v. Rodriguez, E054701 (Cal. App. 2013):

"On a motion for judgment of acquittal under section 1118.1, the trial court applies the same standard as an appellate court reviewing the sufficiency of the evidence. The court must consider whether there is any substantial evidence of the existence of each element of the offense charged, sufficient for a reasonable trier of fact to find the defendant guilty beyond a reasonable doubt. [Citation.]" (People v. Harris (2008) 43 Cal.4th 1269, 1286.) Whether substantial evidence exists is a question of law which a reviewing court decides independently. (Ibid.) Accordingly, we do not address the correctness of the trial court's analysis of the evidence.

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