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].)
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