Can a conditional release order be granted under the abuse of discretion standard?

California, United States of America


The following excerpt is from People v. Miesegaes, A140971 (Cal. App. 2014):

We review the trial court's order denying defendant's request for conditional release under the abuse of discretion standard. (People v. Bartsch (2008) 167 Cal.App.4th 896, 899-900.) The court did not abuse its discretion. It carefully considered the evidence defendant presented, and its assessment of defendant's progress was thoughtful and solidly grounded on the record before it. Defendant was ably represented by counsel during the proceedings, and there was no ineffective assistance of counsel as defendant suggests in his supplemental brief.4

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