What is the test for a motion for acquittal pursuant to Penal Code section 1118.1?

California, United States of America


The following excerpt is from People v. Gonzalez, E058447 (Cal. App. 2014):

We review the denial of a motion for acquittal pursuant to Penal Code section 1118.1 under the substantial evidence standard. (People v. Cole (2004) 33 Cal.4th 1158, 1213 [appellate court reviews sufficiency of the evidence as it stood at the time of the Penal Code 1118.1 motion].) Under this standard, we review the record in the light most favorable to the judgment to determine whether it discloses evidence that is reasonable, credible, and of solid value such that a reasonable trier of fact could have found the defendant guilty beyond a reasonable doubt. (People v. Story (2009) 45 Cal.4th 1282, 1296.)

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