What is the test for a motion for a judgment of acquittal under section 1118.1 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Lopez, 52 Cal.App.4th 233, 60 Cal.Rptr.2d 511 (Cal. App. 1997):

7 Under the provisions of Penal Code section 1118 and 1118.1, a defendant may move for a judgment of acquittal after the close of the prosecution's evidence in a case tried without a jury and at the close of evidence on either side in a case tried before a jury. If the motion is denied, "the defendant may offer evidence without first having reserved that right." (Pen.Code, 1118, 1118.1.) "The standard applied by a trial court in ruling upon a motion for judgment of acquittal pursuant to section 1118.1 is the same as the standard applied by an appellate court in reviewing the sufficiency of the evidence to support a conviction, that is, 'whether 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.' " (People v. Crittenden (1994) 9 Cal.4th 83, 139, fn. 13, 36 Cal.Rptr.2d 474, 885 P.2d 887.)

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