What is the standard of abuse of discretion in the appellate review of the denial of Romero motions?

California, United States of America


The following excerpt is from People v. Anduja, H040072 (Cal. App. 2014):

(1999) 20 Cal.4th 490, 503.) This abuse of discretion standard also applies to appellate review of the denial of Romero motions. (People v. Carmony, supra, 33 Cal.4th at pp. 374-376.) It is the defendant's burden as the party attacking the sentencing decision to show that it was arbitrary or irrational, and, absent such showing, there is a presumption that the court " ' "acted to achieve the legitimate sentencing objectives, and its discretionary determination to impose a particular sentence will not be set aside on review." ' [Citations.]" (Id. at p. 377.) Such a discretionary decision " ' "will not be reversed merely because reasonable people might disagree." ' " (Ibid.)

Other Questions


When reviewing a motion for a new trial, does the appellate court apply the standard of "abuse of discretion" in denying the motion? (California, United States of America)
What is the test for abuse of discretion in the context of a motion to review the decision of a trial court denying a defendant's motion to exclude victim impact evidence and uncharged misconduct in the case of Romero? (California, United States of America)
How does the court review a denial of a motion for a new trial for abuse of abuse of review? (California, United States of America)
After reviewing the record of a motion brought by appellant in the Superior Court of Appeal against the appellant, what is the appellant's request for an independent review of the record? (California, United States of America)
In a motion to dismiss one or both of appellant's prior strike convictions, can appellant appeal against the finding that the trial court abused its discretion in denying the motion? (California, United States of America)
When reviewing an appeal of a sentence for abuse of abuse of power, how will the appellate court review the sentence? (California, United States of America)
Is a denial of a request for continuance to supplement a motion reviewed for abuse of discretion? (California, United States of America)
Are evidentiary rulings reviewed under an abuse of discretion standard of review? (California, United States of America)
How should the Court of Appeal review the first-stage ruling of a motion to review the denial of Batson/Wheeler motion? (California, United States of America)
Is a motion for continuance subject to review under the abuse of the discretion standard? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.