What is the test for a reversal of a finding of insufficient evidence?
California, United States of America
The following excerpt is from People v. Fallon, B251619, B259093 (Cal. App. 2014):
Although the above errors warrant reversal, "it is necessary to reach defendant's alternative argument pertaining to the sufficiency of the evidence since the absence of sufficient evidence would preclude retrial. [Citations.] When reviewing the evidence for purposes of deciding whether retrial is permissible, we consider all of the evidence presented at trial. [Citation.]" (People v. Jackson (2009) 178 Cal.App.4th 590, 600.)
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