What is the test for reversing a conviction for false imprisonment for insufficient evidence?

California, United States of America


The following excerpt is from People v. Hiroshige, B266499 (Cal. App. 2016):

Because insufficient evidence supported appellant's felony convictions, we must modify the judgment to reduce those felony counts to misdemeanors and remand for resentencing. (See 1181, subd. (6) ["[I]f the evidence shows the defendant to be not guilty of the degree of the crime of which he was convicted, but guilty of a lesser degree thereof, or of a lesser crime included therein, the court may modify the verdict, finding or judgment accordingly without granting or ordering a new trial, and this power shall extend to any court to which the cause may be appealed."]; People v. Matian (1995) 35 Cal.App.4th 480, 487 [reversing felony false imprisonment for insufficient evidence and reducing offense to lesser included offense of misdemeanor false imprisonment].)

Page 7

Other Questions


If the evidence is insufficient to support the conviction for kidnapping for purposes of robbery, does the Attorney General have authority to reduce the conviction to a lesser included crime of false imprisonment? (California, United States of America)
In a motion to overturn a conviction for false imprisonment brought by convicted rapist convicted of a charge of kidnapping for rape, what are the elements test? (California, United States of America)
Is insufficient evidence sufficient to overturn a conviction for insufficient evidence? (California, United States of America)
What is the test for reversal of a conviction when the evidence is insufficient to support the conviction? (California, United States of America)
Can a convicted sex offender be sentenced to life imprisonment under section 667.67.51, subdivision (c) of the California Penal Code for a conviction of lewd or lascivious acts and finding of two prior convictions within the meaning of Section 67.51? (California, United States of America)
In a motion for a new trial on a charge of sexual assault brought by defendant Perez, who has pleaded not guilty to the charge, is the evidence insufficient to support his claim of insufficiency of evidence? (California, United States of America)
What is the difference between false imprisonment and misdemeanor false imprisonment? (California, United States of America)
What is the test for overturning a conviction for sexual assault on the grounds of insufficient or insufficient evidence? (California, United States of America)
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
What is the test for overturning a conviction where the evidence is insufficient to support the conviction? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.