California, United States of America
The following excerpt is from People v. Patrick, C077555 (Cal. App. 2015):
The People's argument overlooks the deference owed to the trial court when applying the abuse of discretion standard. In the context of reviewing a motion for new trial, the abuse of discretion standard " 'asks in substance whether the ruling in question "falls outside the bounds of reason" under the applicable law and the relevant facts [citations].' [Citation.] The appellant has the burden to demonstrate that the trial court's decision was 'irrational or arbitrary,' or that it was not ' "grounded in reasoned judgment and guided by legal principles and policies appropriate to the particular matter at issue." [Citation.]' [Citation.] [] 'Where the motion is made on a proper statutory ground, and the record contains some showing in support of it, the judge's discretion in granting is almost invariably upheld; i.e., the appellate court gives the order all of the presumptions in favor of any appealable judgment.' " (People v. Andrade (2000) 79 Cal.App.4th 651, 659.)
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