What is the test for appeal against a finding that a judge has power to order a motion of appeal?
California, United States of America
The following excerpt is from People v. Ibarra, F061467, Super. Ct. No. F09903358 (Cal. App. 2012):
appeal all presumptions favor proper exercise of that power, and the trial court's findings-whether express or implied-must be upheld if supported by substantial evidence." [Citations.]' [Citation.]" (People v. Williams (2007) 156 Cal.App.4th 949, 961.)
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