What is the test for a motion to dismiss a motion for acquittal brought in a juvenile proceeding?

California, United States of America


The following excerpt is from People v. V.G. (In re V.G.), G051277 (Cal. App. 2016):

"Thus, the requirement in a criminal case that on a motion for acquittal the trial court is required 'to weigh the evidence, evaluate the credibility of witnesses, and determine that the case against the defendant is "proved beyond a reasonable doubt before [the defendant] is required to put on a defense'" applies equally well to motions to dismiss brought in juvenile proceedings. [Citation.]" (In re Anthony J., supra, 117 Cal.App.4th at p. 727.) Also we independently review the juvenile court's ruling under section 701.1 that the evidence is sufficient to sustain the petition, like we independently review a trial court's ruling under Penal Code section 1118.1 that the evidence is sufficient to support a conviction. (Cf. People v. Cole (2004) 33 Cal.4th 1158, 1213.)

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