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. Cardenas, B268341 (Cal. App. 2018):

Where a defendant makes a section 1118.1 motion for judgment of acquittal 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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