California, United States of America
The following excerpt is from People v. Herrera-Dominguez, G038788 (Cal. App. 1/27/2009), G038788. (Cal. App. 2009):
"`The standard applied by a trial court in ruling upon a motion for judgment of acquittal pursuant to [Penal Code] section 1118.1 is the same as the standard applied by an appellate court in reviewing the sufficiency of the evidence to support a conviction, that is, "whether from the evidence, including all reasonable inferences to be drawn therefrom, there is any substantial evidence of the existence of each element of the offense charged."' [Citation.] . . . The question `is simply whether the prosecution has presented sufficient evidence to present the matter to the jury for its determination.' [Citation.] . . . The question is one of law, subject to independent review. [Citation.]" (People v. Stevens (2007) 41 Cal.4th 182, 200.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.