California, United States of America
The following excerpt is from People v. Hernandez, D073117 (Cal. App. 2018):
In People v. Price, the trial court denied a motion for new trial, stating, " 'I think the evidence was sufficient, and I think that the jurythere was enough evidence there for the jury to do what the jury did . . . .' " (People v. Price, supra, 4 Cal.App.4th at p. 1275, italics omitted.) A panel of this court rejected the defendant's contention on appeal that the trial court had failed to make a decision on the weight of the evidence, and thus applied the incorrect legal standard in assessing his motion for a new trial. This court pointed out that only after stating, "I think the evidence was sufficient," did the trial court make its remark about what the jury did. (Ibid.) This court concluded: "In other words the court's exercise of its independent judgment is reflected in its statement that the
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evidence was sufficient. The court's further comment there was substantial evidence to support the jury's determination is surplusage." (Ibid.)
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