What is the test for a finding of abuse of discretion on appeal?

California, United States of America


The following excerpt is from The People v. Smith, 81 Cal.App.4th 630, 96 Cal.Rptr.2d 856 (Cal. App. 2000):

Appellant argues that the trial court's finding involved the interpretation and application of a statutory scheme to an undisputed set of facts and therefore is subject to de novo review on appeal. (See McMillin-BCED/Miramar Ranch North v. County of San Diego (1995) 31 Cal.App.4th 545, 553.) The County cites Conservatorship of Rand (1996) 49 Cal.App.4th 835, 841, and contends that this court reviews an order granting reimbursement under an abuse of discretion standard.

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