What is the test for abuse of power of a bandana?

California, United States of America


The following excerpt is from People v. Jones, A138504 (Cal. App. 2014):

Even if we assumed, solely for purposes of this appeal, that the trial court's ruling did qualify as an abuse of discretion, such error would not command reversal. The case against defendant, while not overwhelming, was certainly more than commonly strong. Defendant was positively identified by the victim and others as armed and fleeing from the scene. Defendant made statements after the robbery indicating a consciousness of guilt. Defendant was under observation virtually from the robbery to his speedy apprehension, still wearing the distinctive bandana. Thus, the assumed error would not be prejudicial according to state or federal standards. (See People v. Cole (2004) 33 Cal.4th 1158, 1195.)

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