What is the test for a motion to dismiss under the abuse of standard?
California, United States of America
The following excerpt is from The People v. Garcia, E047281, No. RIC418033 (Cal. App. 2011):
We review a ruling on a motion to dismiss under the abuse of discretion standard (People v. Reynolds, supra, 181 Cal.App.4th at p. 1408), and "review the record to determine if, considering all the circumstances before it, the trial court exceeded the bounds of reason. Where there is a basis for the trial court's ruling and it is supported by the evidence, we will not substitute our opinion for that of the trial court." (Ibid.)
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