What is the standard of review for a motion for judgment of acquittal pursuant to section 1118.1?

California, United States of America


The following excerpt is from People v. Clark, B284937 (Cal. App. 2019):

"In ruling on a motion for judgment of acquittal pursuant to section 1118.1, a trial court applies the same standard an appellate court applies in reviewing the sufficiency of the evidence to support a conviction." (People v. Cole (2004) 33 Cal.4th 1158, 1212-1213.) Thus, contrary to defendant's approach, a review of the denial of a section 1118.1 motion, like a review from a conviction, focuses on all the evidence presented, rather than on isolated portions. (People v. Cuevas (1995) 12 Cal.4th 252, 262.) Not only must the evidence be reviewed as a whole, it must be reviewed in the light most favorable to the judgment below. (Id. at pp. 261-262.) "'The same standard of review applies to cases in which the prosecution relies primarily on circumstantial evidence . . . .' [Citation.]" (People v. Whisenhunt (2008) 44 Cal.4th 174, 200.) We must draw all reasonable inferences to be drawn from the evidence. (Cole, at pp. 1212-1213.)

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