What is the test for "abuse of discretion" on appeal?

California, United States of America


The following excerpt is from People v. King, A130713 (Cal. App. 2012):

"On appeal, the trial court's decision is reviewed for abuse of discretion. [Citations.] To constitute an abuse of discretion, 'the resulting injury [must be] sufficiently grave to manifest a miscarriage of justice. [Citation.] In other words, . . . the court [must] exceed[] the bounds of reason, all of the circumstances being considered.' [Citation.] In most instances the appellate courts will uphold the exercise of discretion even if another court might have ruled otherwise." (People v. Feaster (2002) 102 Cal.App.4th 1084, 1092; see also People v. Clair, supra, 2 Cal.4th 629, 655.)

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