Does the trial court have to apply the same test used by the appellate court in reviewing a judgment of conviction?
California, United States of America
The following excerpt is from People v. Guinn, 149 Cal.App.3d Supp. 1, 196 Cal.Rptr. 696 (Cal. Super. 1983):
We disagree. Under Penal Code section 1118.1, the " 'trial court must apply the same test utilized by an appellate court in reviewing a judgment of conviction, i.e., whether there is substantial evidence of the existence of each element of the offense charged.' " (People v. Patino (1979) 95 Cal.App.3d 11, 27, 156 Cal.Rptr. 815.)
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