What is the test for a motion to enter a judgment of acquittal under section 1118 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Mudrich, No. A154956 (Cal. App. 2019):

Section 1118 provides, "In a case tried by the court without a jury . . . the court on motion of the defendant . . . 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." We review a trial court's denial of a section 1118 motion for substantial evidence. That is, we " 'review the whole record in the light most favorable to the judgment . . . to determine whether it discloses . . . evidence which is reasonable, credible, and of solid value [] such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt." (People v. Ringo (2005) 134 Cal.App.4th 870, 880.)

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