What is the standard applied by a court to review a motion for judgment of acquittal pursuant to section 1118.1?

California, United States of America


The following excerpt is from People v. Dalton, C080988 (Cal. App. 2020):

6. " ' "The standard applied by a trial court in ruling upon a motion for judgment of acquittal pursuant to 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.' " ' " (People v. Dement (2011) 53 Cal.4th 1, 46.)

7. A defendant can be convicted of both section 422, criminal threats, and section 136.1, dissuading a witness, for the same threats. (See People v. Louie (2012) 203 Cal.App.4th 388, 392, 399, [where defendant is convicted, based on the same threats, under section 422 and section 136.1, punishment is subject to section 654]; People v. Mendoza (1997) 59 Cal.App.4th 1333, 1346 [same].)

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