Does a defendant have grounds for an evidentiary error in a finding that the penalty provision in a motor vehicle accident case is not supported by substantial evidence?
California, United States of America
The following excerpt is from People v. Deans, F073871 (Cal. App. 2019):
14. Our determination that the penalty provision findings are not supported by substantial evidence renders defendant's claim of evidentiary error moot, but we observe that "when reviewing the sufficiency of the evidence for purposes of deciding whether retrial is permissible, the reviewing court must consider all of the evidence presented at trial, including evidence that should not have been admitted." (People v. Story (2009) 45 Cal.4th 1282, 1296.)
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