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Cal. Penal Code § 1118.1 (2026)

✓ current as of May 2026
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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. If such a motion for judgment of acquittal at the close of the evidence offered by the prosecution is not granted, the defendant may offer evidence without first having reserved that right.

Notes of Decisions
Cited in 125 cases (28 in the last 5 years), 1969–2026 · leading case: People v. Birks, 960 P.2d 1073 (Cal. 1998).
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People v. Birks, 960 P.2d 1073 (Cal. 1998). · cites it 2× “(Pen.Code, § 1118.1.) Indeed, the trial court may enter such a judgment on its own motion.”
People v. Shirley, 723 P.2d 1354 (Cal. 1982). · cites it 2× “(Pen. Code, § 1118.1.) He now contends the trial court erred in denying that motion, arguing that Catherine was incompetent as a witness because her intoxication had impaired her ability to perceive and remember the events of the evening, and that her testimony was so…”
People v. Demond, 59 Cal. App. 3d 574 (Cal. Ct. App. 1976). · cites it 4× “Robinson's testimony were improperly sustained; (6) the trial court erred in permitting the prosecution to display Lisa Weisbach's back to the jury; (7) the trial court erred in admitting Lisa Weisbach's testimony; (8) defendant Demond's motion for judgment of acquittal (Pen.…”
People v. Belton, 591 P.2d 485 (Cal. 1979). · cites it 2× “" [4] Penal Code section 1118.1 provides: "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…”
People v. Simon, 886 P.2d 1271 (Cal. 1995). · cites it 2× “[5] At the close of the People's case the judge granted a motion for acquittal (Pen. Code, § 1118.1) on six counts. Appellant was acquitted by the jury on 20 counts.”
People v. Brown, 11 Cal. App. 5th 332 (Cal. Ct. App. 2017). “In fact, defense counsel did bring a motion for acquittal (Pen. Code, § 1118.1), based (at least in part) on the insufficiency of the evidence of force to support the rape in concert and forcible rape counts.”
People v. Superior Court, 97 Cal. Daily Op. Serv. 400 (Cal. 1997). “(Pen. Code, § 1118.1.) She then declined to rule on defendant’s motion to reduce the offense to a misdemeanor, taking the motion under submission and postponing her decision until the jury could reach a verdict.”
People v. Mixon, 129 Cal. App. 3d 118 (Cal. Ct. App. 1982). · cites it 2× “Code, § 995) and motion for acquittal (Pen. Code, § 1118.1) should have been granted due to insufficient evidence.”
People v. Remiro, 2 A.L.R. 4th 1135 (Cal. Ct. App. 1979). · cites it 2× “" (Pen. Code, § 1118.1.) The question raised by defendants should be addressed to the Legislature, not this court.”
Cummiskey v. Superior Court, 839 P.2d 1059 (Cal. 1992). · cites it 2× “*1041 Evidence is sufficient to justify or sustain a conviction by a trial jury if it will withstand a motion for acquittal during trial (Pen. Code, § 1118.1) or a review on direct appeal from a judgment of conviction.”
People v. Mentch, 195 P.3d 1061 (Cal. 2008). “) Later, in denying Mentch’s motion for a judgment of acquittal (Pen. Code, § 1118.1), the trial court reiterated the point: “There has to be something more to be a caregiver than simply providing marijuana.”
People v. Tripp, 60 Cal. Rptr. 3d 534 (Cal. Ct. App. 2007). “(Pen.Code, § 1118.1.) The jury found defendant guilty on count 1, and the court sentenced him to probation for three years.”
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