Does a motion for acquittal under section 1118.1 of the California Criminal Code apply to a defendant who has pleaded guilty to a lesser included charge?

California, United States of America


The following excerpt is from People v. White, B262373 (Cal. App. 2016):

accusatory pleading fails separately to charge lesser included offenses, and the court grants a motion for acquittal under section 1118.1 without any prior indication that the ruling is intended to be limited to acquittal only on the greater, charged offense[], the judgment of acquittal on the charged offense includes acquittal on all uncharged lesser included offenses"]; accord, People v. Powell (2010) 181 Cal.App.4th 304, 312-313 ["McElroy stands for the unproblematic proposition that a defendant may not be threatened anew by a lesser included offense after the greater offense has been unequivocally dismissed"].) White contends his counsel's failure to move for acquittal at the close of the People's case-in-chief violated his Sixth Amendment right to competent counsel.15

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