What is the test for a claim of insufficiency of evidence?
California, United States of America
The following excerpt is from People v. Gomez, F059747, Super. Ct. No. VCF178900 (Cal. App. 2011):
25. We recognize that appellant challenges admission of the evidence concerning his prior offense. However, in analyzing a claim of insufficiency of the evidence, "'a reviewing court must consider all of the evidence admitted by the trial court,' regardless whether that evidence was admitted erroneously, [citation]." (McDaniel v. Brown, supra, 130 S.Ct. at p. 672.)
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