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

California, United States of America


The following excerpt is from People v. Jones, B230174 (Cal. App. 2012):

"In ruling on a motion for judgment of acquittal pursuant to section 1118.1, a trial court applies the same standard an appellate court applies 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." [Citations.]' . . . 'Where the section 1118.1 motion is made at the close of the prosecution's case-in-chief, the sufficiency of the evidence is tested as it stood at that point.' [Citations.]" (People v. Cole (2004) 33 Cal.4th 1158, 1212-1213; see also People v. Belton (1979) 23 Cal.3d 516, 520-521.) "Whether defendant aided and abetted the crime is a question of fact, and on appeal all conflicts in the evidence and reasonable inferences must be resolved in favor of the

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judgment." (People v. Mitchell (1986) 183 Cal.App.3d 325, 329.) We review independently a trial court's ruling under section 1118.1 that the evidence is sufficient to support a conviction. (Cole, at p. 1213.)

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