What is the test for a motion for judgment of acquittal under section 1118.1?
California, United States of America
The following excerpt is from People v. Nesbeth, B236375 (Cal. App. 2012):
Our review is for substantial evidence. "On a motion for judgment of acquittal under section 1118.1, the trial court applies the same standard as an appellate court reviewing the sufficiency of the evidence. The court must consider whether there is any substantial evidence of the existence of each element of the offense charged, sufficient for a reasonable trier of fact to find the defendant guilty beyond a reasonable doubt. [Citation.] We independently review the trial court's ruling." (People v. Harris (2008) 43 Cal.4th 1269, 1286.)
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