What is the test for a motion for judgment of acquittal pursuant to section 1118.1?

California, United States of America


The following excerpt is from People v. Jackson, D073457 (Cal. App. 2018):

Section 1118.1 states in pertinent part: "In a case tried before a jury, the court on motion of the defendant or on its own motion, at the close of the evidence on either side and before the case is submitted to the jury for decision, shall order the entry of a judgment of acquittal of one or more of the offenses charged in the accusatory pleading if the evidence then before the court is insufficient to sustain a conviction of such offense or offenses on appeal." " ' "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.' " [Citation.]' " (People v. Maciel (2013) 57 Cal.4th 482, 522.) " 'Where the

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