P. v. Estrada CA4/1
In the middle of the night, a group of at least three assailants charged into Joey F.'s home and stabbed him repeatedly in the back. Based on that incident, a jury convicted defendants Elias Guevara and James Michael Estrada of first degree burglary with a person present. (Pen. Code, §§ 459, 667.5, subd. (c)(21).) The jury also convicted Estrada of Joey's attempted murder. (§§ 664, 187, subd. (a).)
The two defendants raise distinct sets of issues on appeal. Guevara first contends that his section 1118.1 motion for judgment of acquittal should have been granted because the prosecution's case in chief failed to establish his role in the burglary. His argument, however, misapprehends our standard of review for such a motion. It is not enough that the circumstances might reasonably be reconciled with a contrary finding. Rather, we must be convinced that the ultimate conviction is unsupported by substantial evidence. We are not so persuaded here.
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