The judge did no such thing. Her ruling merely says that the state presented enough to meet a prima facie burden - nothing more, nothing less. Her ruling offers no opinion on what is to be inferred from the evidence which has been presented. The defense motion was SOP, as was the judges ruling.
True.
It's like laying foundation for a witness or evidence.
The defense motion has to be on record, and be denied , so that it can be addressed after the trial.
From what I have read, in almost every case previously, where an appeal for dismissal (JOA) was made, it was denied.