What is the standard on review of a motion for acquittal?

California, United States of America


The following excerpt is from People v. Copithorne, A136373 (Cal. App. 2014):

"The standard on review of a denial of a motion for acquittal is 'the same as that applied by an appellate court in reviewing a convictionwhether 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. [Citations.]' [Citation.]" (People v. Castaneda (1994) 31 Cal.App.4th 197, 202, quoting People v. Ainsworth (1988) 45 Cal.3d 984, 1022.)

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