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

California, United States of America


The following excerpt is from People v. Ortiz, G051255, G051376 (Cal. App. 2017):

"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."'" (People v. Cole (2004) 33 Cal.4th 1158, 1212-1213.) Substantial evidence is defined as evidence that is reasonable, credible, and of solid value, i.e., that from which a reasonable trier of fact could have found the defendant guilty beyond a reasonable doubt. (Id. at p. 1212.) Where the "'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.'" (Id. at p. 1213.) "We review independently a trial court's ruling under section 1118.1 that the evidence is sufficient to support a conviction." (Ibid.) We also determine independently whether the evidence is sufficient under the federal and state constitutional due process clauses. (Id. at p. 1212.)

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