What is the test for an abuse of discretion review?

California, United States of America


The following excerpt is from People v. Siackasorn, C083469 (Cal. App. 2018):

"In reviewing for abuse of discretion, we are guided by two fundamental precepts. First, ' "[t]he burden is on the party attacking the sentence to clearly show that the sentencing decision was irrational or arbitrary. [Citation.] In the absence of such a showing, the trial court is presumed to have acted to achieve legitimate sentencing objectives, and its discretionary determination to impose a particular sentence will not be set aside on review." ' [Citations.] Second, a ' "decision will not be reversed merely because reasonable people might disagree. 'An appellate tribunal is neither authorized nor warranted in substituting its judgment for the judgment of the trial judge.' " ' " (People v. Carmony (2004) 33 Cal.4th 367, 376-377.)

Other Questions


How does the court review a denial of a motion for a new trial for abuse of abuse of review? (California, United States of America)
Is abuse of discretion an abuse of the discretion test? (California, United States of America)
What is the test for "abuse of discretion" in cases involving abuse of discretion? (California, United States of America)
When reviewing an appeal of a sentence for abuse of abuse of power, how will the appellate court review the sentence? (California, United States of America)
What is the test for abuse of discretion in determining whether a judge abused discretion in finding that a plaintiff's photographs were prejudicial? (California, United States of America)
Does the Court of Appeal have discretion to admit evidence of abuse of power or abuse of discretion? (California, United States of America)
Are evidentiary rulings reviewed under an abuse of discretion standard of review? (California, United States of America)
Does a restitution order for abuse of discretion constitute an abuse of the court's discretion? (California, United States of America)
Is abuse of discretion a standard of review? (California, United States of America)
Is a motion for continuance subject to review under the abuse of the discretion standard? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.