What is the test for a motion for abuse of discretion in a criminal case?
California, United States of America
The following excerpt is from People v. Rodriguez, H039414 (Cal. App. 2014):
than a remote possibility that the conviction will have one or more of the specified adverse immigration consequences; and (3) he or she was prejudiced by the nonadvisement, i.e., if properly advised, he or she would not have pleaded guilty or nolo contendere." (People v. Dubon (2001) 90 Cal.App.4th 944, 951-952 (Dubon).) We review the superior court's denial of the motion for abuse of discretion. (People v. Chien (2008) 159 Cal.App.4th 1283, 1287.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
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)
What is the test for "abuse of discretion" in cases involving abuse of discretion? (California, United States of America)
What is the test for abuse of abuse of the abuse of evidence in a criminal case where a defendant admitted to a prior burglary? (California, United States of America)
What is the test for abuse of abuse of power in the context of a motion to overturn a finding that the trial court abused power on the Pitchess motion? (California, United States of America)
What is the test for abuse of discretion in a motion to reopen a criminal case? (California, United States of America)
What is the test for denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (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)
Is a motion to bifurcate the trial of a criminal street gang enhancement reviewed for abuse of discretion? (California, United States of America)
When can a motion for a new trial motion in a criminal case be made against a juror for misconduct? (California, United States of America)
What is the test for abuse of discretion in determining whether a judge abused discretion in finding that a plaintiff's photographs were prejudicial? (California, United States of America)
