California, United States of America
The following excerpt is from People v. Resendez, 2d Crim. No. B256614 (Cal. App. 2015):
Regarding a motion for judgment of acquittal, section 1118.1 provides: "In a case tried before a jury, the court on motion of the defendant or on its own motion, at the close of the evidence on either side and before the case is submitted to the jury for decision, shall order the entry of a judgment of acquittal of one or more of the offenses charged in the accusatory pleading if the evidence then before the court is insufficient to sustain a conviction of such offense or offenses on appeal. . . ." In determining whether the evidence was sufficient to support the trial court's ruling denying a section 1118.1 motion, we review the evidence "'as it stood at that point.'" (People v. Hajek and Vo (2014) 58 Cal.4th 1144, 1183; People v. Houston (2012) 54 Cal.4th 1186, 1215 [appellate review of denial of section 1118.1 motion uses standard of review of sufficiency of evidence to support a conviction, but focuses on evidence existing at time of motion].)
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