Description:
Visalia, California murder charge criminal defense lawyer represented the Defendant.



In 2006, defendant Joseph Allen Hughes (Hughes) killed his wife, Sonia Hughes (Sonia). On November 18, 2022, Hughes was convicted of second degree murder. On appeal, Hughes argues that the conviction must be reversed because the evidence only supported a finding of heat-of-passion manslaughter. The People disagree.

We reviewed the record and determined there was an issue regarding the trial court's ruling on Hughes's first motion for acquittal. Accordingly, we directed the parties "to file supplemental briefs addressing the following issues: (1) Did the trial court apply the wrong legal standard when it denied [Hughes's] Penal Code section 1118[1] motion after the prosecution's case-in-chief? (2) If the trial court applied the wrong standard, was the error harmless? (3) If the trial court erred and the error was not harmless, what is the appropriate remedy?"

In their supplemental briefing, the parties agree that there was error but disagree as to whether the error was harmless and the appropriate remedy.

Substantial evidence supports the conviction.

Outcome: We conditionally reverse the judgment and remand with directions for the trial court to reconsider Hughes's first section 1118 motion using the correct standard.

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