California, United States of America
The following excerpt is from People v. Madrid, B246626 (Cal. App. 2014):
v. Cole (2004) 33 Cal.4th 1158, 1206; Pen. Code, 1093.) That determination must be made without reference to the credibility of the evidence. (People v. Marshall (1996) 13 Cal.4th 799, 847.)
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