(a) Where a general verdict is rendered or a finding by the court is made in favor of the defendant, a judgment of acquittal shall be given forthwith.
(b) Except as otherwise provided by Subsection (c) and by §§ 7.28 and 7.34 of the Criminal and Correctional Code, if a judgment of acquittal is given, or a judgment imposing a fine only, and the defendant is not detained for any other legal cause, he shall be discharged, if in custody, as soon as the judgment is given. (c) Where the acquittal is because of a variance between the pleading and the proof and the variance may be obviated by a new indictment, information or complaint, the court may order the defendant to be held in custody or may order that prior conditions for the defendant's release be continued for a specified time, so that a new pleading may be filed. NOTE: Section 120.10 continues the substance of former § 1150. The section has been amended, however, to include appropriate references to both a verdict (by the jury) or findings (by the court), to a judgment of acquittal where evidence of mental illness has been introduced, to a judgment imposing a fine only in Subsection (b), and to a new indictment or information or complaint in Subsection (c). Compare Cal. Pen. Code § 1165; Fed. R. Crim. P.32(b)(1).