What is the test for a motion for acquittal of second degree murder?
California, United States of America
The following excerpt is from People v. Rice, F068870 (Cal. App. 2016):
On appeal, defendant argues the trial court erred in denying his section 1118.1 motion for acquittal on the second degree murder counts and he was convicted on insufficient evidence that he acted with implied malice. Defendant also argues that by bringing the incomplete verdicts to the trial court's attention, the burden of which rests with the prosecution under the law and which resulted in his convictions for second
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degree murder, his trial counsel rendered ineffective assistance of counsel. (People v. Fields (1996) 13 Cal.4th 289, 311.)
We find substantial evidence supports the second degree murder convictions and we reject defendant's ineffective assistance of counsel claim on direct appeal, finding a remedy is more appropriately sought in a petition for writ of habeas corpus. (People v. Johnson (2016) 62 Cal.4th 600, 653.) The judgment is therefore affirmed.
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