What is the standard of review in the context of hearsay or abuse of discretion on the admissibility of evidence?

California, United States of America


The following excerpt is from The People v. Garcia, B211909, No. NA074833 (Cal. App. 2010):

A trial court generally has broad discretion concerning the admission of evidence. (People v. Cole (2004) 33 Cal.4th 1158, 1197; People v. Rodrigues (1994) 8 Cal.4th 1060, 1124.) "On appeal, 'an appellate court applies the abuse of discretion standard of review to any ruling by a trial court on the admissibility of evidence, including one that turns on the hearsay nature of the evidence in question....' [Citations.]" (People v. Hovarter (2008) 44 Cal.4th 983, 1007-1008.) Under this standard, the trial court's exercise of discretion "'must not be disturbed on appeal except on a showing that the court exercised its discretion in an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice. [Citations.]' [Citations.]" (People v. Rodrigues, supra, at pp. 1124-1125.)

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