What is the test for a motion for acquittal under section 1118.1?

California, United States of America


The following excerpt is from People v. Waters, A126386 (Cal. App. 2011):

We review independently a trial court's ruling on a motion for acquittal under section 1118.1 that the evidence is sufficient to support a conviction. (People v. Cole (2004) 33 Cal.4th 1158, 1212.) In ruling on such a motion, "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

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