People v. Smith
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
BENKE, Acting P. J.
In this case we conclude the failure to seek a judgment of acquittal at the close of the prosecution’s case in chief pursuant to Penal Code 2 section 1118.1 waives argument on appeal that the evidence was insufficient at that point to support conviction.
Victor James Smith was found guilty of two counts of burglary, receiving an access card intending to defraud, acquiring access card information with the intend to defraud, forgery of an access card and attempted grand theft. He was sentenced to a prison term of three years. Smith appeals, arguing insufficient…
2Cases cited15 opinions
- People v. WestCalifornia Supreme Court · 1970
- People v. GreerCalifornia Supreme Court · 1947
- Doers v. Golden Gate Bridge, Higway & Transportation DistrictCalifornia Supreme Court · 1979
- In Re HessCalifornia Supreme Court · 1955
- People v. PearsonCalifornia Supreme Court · 1986
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3Cited by28 opinions
- People v. CoffmanCalifornia Supreme Court · 2004
- The People v. JonesCalifornia Supreme Court · 2013
- People v. BaileyCalifornia Supreme Court · 2012
- People v. SHABTAYCalifornia Court of Appeal · 2006
- Radcliffe v. Rainbow Construction Co.Court of Appeals for the Ninth Circuit · 2001
23 more not listed; retrieve them via the Exa API.