California, United States of America
The following excerpt is from People v. Orozco, C078165 (Cal. App. 2016):
5. While this admission was arguably admitted into evidence in violation of Elizalde, supra, 61 Cal.4th 523, in "reviewing the sufficiency of the evidence for purposes of deciding whether retrial is permissible, [we] must consider all of the evidence presented at trial, including evidence that should not have been admitted." (People v. Story, supra, 45 Cal.4th at p. 1296.)
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