What is the test for a defendant to appeal against his conviction for assault?
California, United States of America
The following excerpt is from People v. Ross, B263980 (Cal. App. 2017):
Defendant does not contend that the trial court failed to consider the appropriate factors, but rather that the court failed to "properly balance relevant factors," and gave insufficient weight to mitigating factors. Thus, he must demonstrate that this is an extraordinary case where the appropriate factors "manifestly support the striking of a prior conviction and no reasonable minds could differ." (People v. Carmony, supra, 33 Cal.4th at p. 378.)
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