How have the courts dealt with allegations of abuse of discretion in a sexual assault case?

California, United States of America


The following excerpt is from People v. Quintero, H041447 (Cal. App. 2016):

Next, appellant argues that the court was wrong to conclude that his prior convictions did not involve conduct similar to the charged offense. According to appellant, the crimes were all similar in that he "took advantage of a female." This unsubstantiated assertion is insufficient to establish an abuse of discretion. Appellant draws no factual comparisons between the crimes. Indeed he cannot, because the facts of the prior convictions were not discussed below or admitted into evidence. On their face, the crimes of criminal threats, domestic battery, and statutory rape are not so similar that the trial court's ruling "falls outside the bounds of reason." (People v. DeSantis (1992) 2 Cal.4th 1198, 1226 [court's evidentiary ruling will be sustained on review unless it falls

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