Yes. In a California jury trial, Penal Code section 1118.1 lets the judge enter a judgment of acquittal on one or more charged offenses if the evidence at that point would be insufficient to support a conviction on appeal. The defense may make the motion at the close of the prosecution’s evidence or after the defense evidence closes, but it must be before the case is submitted to the jury. The court looks at the evidence and reasonable inferences supporting each element, not whether the judge personally believes a witness. (Penal Code § 1118.1; People v. Gomez)
Compare the evidence with each charged element
For the count being challenged, identify the elements the prosecution must prove and the evidence admitted on each one. The question is whether a reasonable jury could find the required elements based on substantial evidence and reasonable inferences. A conflict in witness accounts or an argument that a witness is not believable does not, by itself, establish insufficiency if evidence still supports the elements. The trial court does not substitute its own credibility choice for the jury’s. (People v. Gomez)
A motion can address one count without asking the court to end the entire trial. It can also identify a particular element for which the record lacks evidence. Counsel should connect the argument to the specific count, the admitted evidence, and the standard rather than asking the judge to weigh the whole case as if deciding a verdict.
The motion does not force the defense to rest
The statute permits a motion when either side has closed its evidence, before submission to the jury. If the court denies a motion made after the prosecution rests, the defendant does not have to have reserved the right to present evidence. The defense may still present its case, and counsel can renew or make the motion at the later statutory stage if appropriate. (Penal Code § 1118.1)
This midtrial motion is different from a pretrial challenge to an information or a post-verdict motion for a new trial. If the jury has already returned a verdict, a different procedure and timing apply. Do not assume a section 1118.1 motion guarantees acquittal or reversal; the court rules on the trial record at the time of the motion.
The Law Offices of David S. Chesley represents people facing California criminal charges. Call (800) 755-5174 to discuss the charge, trial evidence, and motion record.