What is the test for a defendant seeking to challenge the legal sufficiency of the evidence in the trial court after the case has been submitted to the jury?

California, United States of America


The following excerpt is from People v. Pedroza, 180 Cal.Rptr.3d 65, 231 Cal.App.4th 635 (Cal. App. 2014):

5 In People v. Watkins (2012) 55 Cal.4th 999, 1019, footnote 11 [150 Cal.Rptr.3d 299, 290 P.3d 364] , the court noted: We have ... clarified that a defendant seeking to challenge the legal sufficiency of the evidence in the trial court after the case has been submitted to the jury should not move for a new trial under section 1181, subdivision 6 , but should instead invite the court's dismissal under section 1385.

5 In People v. Watkins (2012) 55 Cal.4th 999, 1019, footnote 11 [150 Cal.Rptr.3d 299, 290 P.3d 364] , the court noted: We have ... clarified that a defendant seeking to challenge the legal sufficiency of the evidence in the trial court after the case has been submitted to the jury should not move for a new trial under section 1181, subdivision 6 , but should instead invite the court's dismissal under section 1385.

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