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. Thompson, E062971 (Cal. App. 2017):

"In reviewing a claim for sufficiency of the evidence, we must determine whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime or special circumstance beyond a reasonable doubt. We review the entire record in the light most favorable to the judgment below to determine whether it discloses sufficient evidencethat is, evidence that is reasonable, credible, and of solid valuesupporting the decision, and not whether the evidence proves guilt beyond a reasonable doubt." (People v. Jennings (2010) 50 Cal.4th 616, 639.)

"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.'" (People v. Cole (2004) 33 Cal.4th 1158, 1212-1213.)

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