California, United States of America
The following excerpt is from People v. Mixon, B229727 (Cal. App. 2012):
The trial court applied the incorrect standard to analyze appellant's motion for a new trial. The court determined whether any evidence supported the jury verdict instead of independently determining the probative value of the evidence.5 Under such circumstances, a limited remand is required to allow the trial court the opportunity to rehear the motion for a new trial. (People v. Robarge (1953) 41 Cal.2d 628, 635.) Respondent's argument that the trial court would "still have denied the motion for new trial if it had" applied the correct standard of review lacks merit in this case where the evidence supporting the firearm enhancement - though sufficient - was weak. Q.J. testified he never saw the gun, was unfamiliar with guns, and knew it was a gun because he had seen guns on television.
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