Is a court's order denying relief under section 17(b)(3) for abuse of discretion?
California, United States of America
The following excerpt is from People v. Medina, 233 Cal.Rptr.3d 758, 24 Cal.App.5th 61 (Cal. App. 2018):
Our review of the trial court's order denying relief under section 17(b)(3) is for an abuse of discretion. ( People v. Park (2013) 56 Cal.4th 782, 787, 156 Cal.Rptr.3d 307, 299 P.3d 1263.) The burden is on defendant to show the trial court's decision was irrational or arbitrary. (
[233 Cal.Rptr.3d 761]
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