What is the test for determining whether there is substantial evidence of sexual assault under section 1118.1 of the Penal Code?

California, United States of America


The following excerpt is from People v. Little, D071837 (Cal. App. 2017):

We independently review a trial court's ruling under Penal Code section 1118.1, but apply the same standard used by the trial court, " ' " 'whether from the evidence, including all reasonable inferences to be drawn therefrom, there is any substantial evidence of the existence of' " ' the elements of the charged offense." (People v. Whalen (2013) 56 Cal.4th 1, 55.) We test the evidence as it stood at the close of the People's case-in-chief. (People v. Cole (2004) 33 Cal.4th 1158, 1213.)

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