California, United States of America
The following excerpt is from People v. Zavaleta, B261527 (Cal. App. 2016):
"In reviewing a motion for a new trial [based on insufficient evidence], the trial court must weigh the evidence independently. [Citation.] It is, however, guided by a presumption in favor of the correctness of the verdict and the proceedings supporting it. [Citation.] The trial court 'should [not] disregard the verdict . . . but instead . . . should consider the proper weight to be accorded to the evidence and then decide whether or not, in its opinion, there is sufficient credible evidence to support the verdict.' [Citation.]" (People v. Davis (1995) 10 Cal.4th 463, 523-524.)
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