What is the test for a motion to reverse and remand for further proceedings?
California, United States of America
The following excerpt is from People v. Brewer, F068163 (Cal. App. 2015):
We conclude the trial court abused its discretion in failing to order disclosure of this relevant information. Thus, we will conditionally reverse and remand for further proceedings. (See People v. Fernandez (2012) 208 Cal.App.4th 100, 123.) Brewer will be required to demonstrate a reasonable probability the outcome would have been different had the information been disclosed. (Gaines, supra, 46 Cal.4th at pp. 182-183.)
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