What is the test for abuse of discretion on appeal?
California, United States of America
The following excerpt is from People v. Gallagher, F065703 (Cal. App. 2014):
On appeal, a reviewing court applies an abuse of discretion standard when evaluating whether a trial court erred in assessing whether the probative value of the questioned evidence is substantially outweighed by the probability of undue prejudice. Unless the trial court's determination was arbitrary, capricious, or patently absurd, its holding will be upheld. (People v. Thomas (2012) 53 Cal.4th 771, 806.)
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