What is the test for an abuse of discretion finding a defendant guilty of assault?

California, United States of America


The following excerpt is from People v. Ciauri, B285436 (Cal. App. 2019):

We review rulings on the admissibility of evidence for abuse of discretion. (People v. Waidla (2000) 22 Cal.4th 690, 724-725 (Waidla).) Unless erroneous admission of evidence violated due process by making the trial fundamentally unfair, reversal is required only if "it is reasonably probable the verdict would have been more favorable to the defendant absent the error." (People v. Partida (2005) 37 Cal.4th 428, 439.)

2. Allegations of Error

a. Lack of Foundation

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