What is the standard applied by a court under section 1118.1 of the Penal Code to a motion for judgment of acquittal?

California, United States of America


The following excerpt is from People v. Konstantelos, B225211 (Cal. App. 2012):

"The standard applied by the trial court under section 1118.1 in ruling on a motion for judgment of acquittal is the same as the standard applied by an appellate court in reviewing the sufficiency of the evidence to support a conviction. [Citation.]" (People v. Whisenhunt (2008) 44 Cal.4th 174, 200.) Here, prior to ruling on the motion, the trial court correctly stated that "[t]he standard for Penal Code section 1118.1 is, is there sufficient evidence to uphold a conviction on appeal." Thus, the trial court applied the proper standard in ruling on the motion.

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