What is the test for a motion to dismiss for abuse of discretion?
California, United States of America
The following excerpt is from People v. Trulove, A130481 (Cal. App. 2014):
Normally, we review a trial court's denial of a motion to dismiss such as defendant's for abuse of discretion. (Merrill v. Superior Court (1994) 27 Cal.App.4th 1586, 1597.) However, defendant contends the trial court did not exercise its discretion and that we should conduct a de novo review pursuant to Green, supra, 27 Cal.3d at pages 24-26.
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