Can discretion not be disturbed on appeal?
California, United States of America
The following excerpt is from People v. Gardner, B268410 (Cal. App. 2016):
discretion 'must not be disturbed on appeal except on a showing that the court exercised its discretion in an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice. [Citations.]' [Citation.]" (People v. Rodrigues (1994) 8 Cal.4th 1060, 1124-1125.)
A. The trial court properly exercised its discretion after careful consideration of all relevant evidence
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