What is the test for a motion for summary acquittal under section 1118 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Onesra Enters., Inc., BR 052596 (Cal. Super. 2017):

On appeal, defendants contend the trial court erred in denying their Penal Code section 1118 motion. "Section 1118 was designed to terminate a prosecution for an offense or offenses at the earliest possible time when the prosecution's own evidence is insufficient to support a conviction. [Citations.]" (People v. Norris (2002) 95 Cal.App.4th 475, 479.) "Section 1118 . . . establishes a procedure for summary acquittal when the prosecution presents insufficient evidence of a criminal charge during its case-in-chief. It provides in relevant part, 'In a case tried by the court without a jury . . . the court on motion of the defendant or on its own motion shall order the entry of a judgment of acquittal of one or more of the offenses charged in the accusatory pleading after the evidence of the prosecution has been closed if the court, upon weighing the evidence then before it, finds the defendant not guilty of such offense or offenses.'" (Id. at p. 478.)

LAMC section 12.21, subdivision A.1(a)

Other Questions


Does section 654 of the California Penal Code allow for an act or omission that is punishable by different sections of the Penal Code to be punished by one or more sections? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
How has section 490.2 of the California Penal Code been interpreted in the context of Section 487 of the Penal Code? (California, United States of America)
Does Section 26 of the Penal Code section 2600 of the California Penal Code apply? (California, United States of America)
What is the relevant case law in the context of Section 2(1) of the California Penal Code, and what is the case law relating to Section 4 of the Penal Code? (California, United States of America)
What is the test for a motion under section 1118 of the California Penal Code for summary acquittal? (California, United States of America)
Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)
What is the effect of section 633.5 of the California Penal Code on a phone recording pursuant to section 632 of the Penal Code? (California, United States of America)
What is the difference between the wording of a special circumstance provision in the California Penal Code and the wording in section 189 of the Penal Code? (California, United States of America)
In a motion to vacate a conviction pursuant to section 1016.5,1 of the California Penal Code, what is the effect of that section? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.