What is the test for determining whether the evidence is sufficient to support a conviction under section 1118.1?
California, United States of America
The following excerpt is from People v. Cole, 17 Cal.Rptr.3d 532, 33 Cal.4th 1158, 95 P.3d 811 (Cal. 2004):
We review independently a trial court's ruling under section 1118.1 that the evidence is sufficient to support a conviction. (See People v. Trevino, supra, 39 Cal.3d 667, 695, 217 Cal.Rptr. 652, 704 P.2d 719; see also, e.g., People v. Hatch (2000) 22 Cal.4th 260, 275, 92 Cal.Rptr.2d 80, 991 P.2d 165.) We also determine independently whether the evidence is sufficient under the federal and state constitutional due process clauses.
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