What is the test for abuse of discretion in determining relevancy and admissibility of evidence?

California, United States of America


The following excerpt is from People v. Ortega, D068920 (Cal. App. 2017):

An appellate court reviews a court's rulings regarding relevancy and admissibility under Evidence Code section 352 for abuse of discretion. We will not reverse a court's ruling on such matters unless it is shown the trial court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice. (See People v. Vargas (2001) 91 Cal.App.4th 506, 545, 543 [trial courts "have wide discretion in determining the relevancy of evidence"; no abuse of discretion under Evidence Code section 352 unless the court " ' "exceeds the bounds of reason, all of the circumstances being considered" ' "].)

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