California General Motion for Acquittal Due to Lack of Evidence

In People v. Martinez (1982) 132 Cal.App.3d 119, the defendant made a general motion for acquittal at trial, claiming there was no evidence he committed the charged crimes. The motion was denied. On appeal he urged reversal of the court's order denying his motion and gave specifics for his trial court motion claiming the prosecution failed to corroborate the crucial testimony of an accomplice. Although the majority found it was inherently unfair to the trial court for the defendant to fail to mention the evidentiary insufficiency while raising other claims, the appellate court found it was bound by Belton and ordered acquittal. (Id. at pp. 126-133.)