What is the test for admitting abuse of discretion?

California, United States of America


The following excerpt is from People v. Burnes, B258180 (Cal. App. 2015):

We review the trial court's admission of such evidence for abuse of discretion. People v. Chism, supra, 58 Cal.4th at p. 1291.) A trial court's exercise of discretion with regard to the admissibility of evidence "'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 miscarriage of justice. [Citations.]' [Citation.]" (People v. Rodrigues (1994) 8 Cal.4th 1060, 1124-1125.)

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