California, United States of America
The following excerpt is from People v. Asbury, B284220 (Cal. App. 2018):
4. Asbury cites People v. Spencer (1996) 51 Cal.App.4th 1208, 1223, in which the court justified its reversal of a sentence in part on the basis that the trial court did not state on the record that it was reweighing the trial evidence under a preponderance standard, but at the time, there was a split in the case law regarding whether a trial court was free to consider evidence on acquitted counts. Towne, supra, 44 Cal.4th 63 resolved that split, and we do not perceive a need for a trial court to explicitly state the standard it applied.
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