Does the Court of Appeal have any authority to substitute its judgment for that of the Trial Court?

California, United States of America


The following excerpt is from People v. Collins, B256015 (Cal. App. 2015):

In reviewing a trial court's determination whether to grant or deny probation, it is not the appellate court's function to substitute its judgment for that of the trial court or to reweigh the pertinent factors. Its function is to determine whether the trial court's order is arbitrary or capricious or exceeds the bounds of reason. (People v. Weaver (2007) 149 Cal.App.4th 1301, 1311.) Under the circumstances presented here, the trial court's order was not arbitrary, capricious, or unreasonable.

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