Is there any indication in the record that the trial court exercised any power or authority to exercise or reverse a finding of not guilty?

California, United States of America


The following excerpt is from Ashburn v. Aig Fin. Advisors, Inc., 183 Cal.Rptr.3d 679, 234 Cal.App.4th 79 (Cal. App. 2015):

Here, as indicated above, there is no indication in the record that the trial court exercised any discretion. Such failure to exercise discretion is itself an abuse of discretion. (Marriage of Gray (2007) 155 Cal.App.4th 504, 515, 66 Cal.Rptr.3d 87.) As we put it in Fletcher v. Superior Court (2002) 100 Cal.App.4th 386, 392, 123 Cal.Rptr.2d 99, Failure to exercise a discretion conferred and compelled by law constitutes a denial of a fair hearing and a deprivation of fundamental procedural rights, and thus requires reversal.

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