What is the test for an abuse of discretion?

California, United States of America


The following excerpt is from People v. White, F067535 (Cal. App. 2015):

evidence for an abuse of discretion. (People v. Avitia (2005) 127 Cal.App.4th 185, 193.) An abuse of discretion occurs when a court exercises its discretion in an "arbitrary, capricious, or patently absurd manner that result[s] in a miscarriage of justice." (Ibid.)

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