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


The following excerpt is from People v. Ochoa, 11 Cal. Daily Op. Serv. 241, 119 Cal.Rptr.3d 648, 191 Cal.App.4th 664, 2011 Daily Journal D.A.R. 265 (Cal. App. 2011):

*675 We review this determination for abuse of discretion. 10 ( PEOPLE V. JACKSON (1996) 13 cal.4th 1164, 1220-1221, 56 Cal.Rptr.2d 49, 920 P.2d 1254.) We have independently examined the materials the trial court scrutinized ( People v. Mooc (2001) 26 Cal.4th 1216, 1229, 114 Cal.Rptr.2d 482, 36 P.3d 21), and conclude there is no basis to disturb its ruling on the Pitchess motion.

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