People v. Norcutt CA4/2
Opinion
Opinion
STATEMENT OF THE CASE
On October 6, 2022, an information charged defendant with infliction of corporal
injury resulting in a traumatic condition upon a present or former spouse or cohabitant
under Penal Code1 section 273.5, subdivision (a), a felony (count 1); assault likely to
produce great bodily injury under section 245, subdivision (a)(4), a felony (count 2); and
making criminal threats under section 422, a felony (count 3).
On September 28, 2023, a trial by jury commenced. On October 12, 2023,
defense counsel moved for a judgment of acquittal under section 1118.1. Defense
counsel stated: “Your Honor, at this time I would make an [sic] 1118 motion as to all
three counts.” The prosecutor opposed the motion, stating: “I believe there’s enough
evidence to move forward for the jury to decide all counts.” After the prosecutor set forth
the specific evidence regarding each count, the trial court denied the motion. The court
stated: “The Court has heard the evidence. And after listening to arguments, Counsel,
the Court feels that there is more than enough evidence to allow the jury to make the
decision on all three counts, and your 1118 motion is denied.”