What is the test for abuse of discretion in a trial court's exclusion of evidence under the Evidence Code section 352?

California, United States of America


The following excerpt is from People v. Barahona, B276652 (Cal. App. 2018):

We review a trial court's exclusion of evidence under Evidence Code section 352 for abuse of discretion. (See People v. Brown (2003) 31 Cal.4th 518, 534.) "Where . . . a discretionary power is statutorily vested in the trial court, its exercise of that discretion 'must not be disturbed on appeal except on a showing that the court exercised its discretion in an arbitrary, capricious or patently absurd manner that resulted in a manifest

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miscarriage of justice. [Citations.]' " (People v. Rodrigues (1994) 8 Cal.4th 1060, 1124-1125.)

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