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

California, United States of America


The following excerpt is from People v. Castillo, F071364 (Cal. App. 2017):

"In considering whether the trial court erred in failing to grant the motion for judgment of acquittal under section 1118.1 ..., we ask whether 'there is any substantial evidence, including all reasonable inferences to be drawn from the evidence, of the existence of each element of the offense charged.'" (People v. Watkins (2012) 55 Cal.4th 999, 1019.) On appeal, "we review the record 'in the light most favorable to the judgment below to determine whether it discloses substantial evidencethat is, evidence which is reasonable, credible, and of solid valuesuch that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.'" (Ibid.) The relevant inquiry governing a challenge to the sufficiency of the evidence "'is whether ... any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.'" (People v. Nguyen (2015) 61 Cal.4th 1015, 1055, cert. den. (2016) ___ U.S. ___ [136 S.Ct. 1714].) We "presume in support of the judgment the existence of every fact the

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