What is the test for determining that a case may or may not be unusual for an abuse of discretion?

California, United States of America


The following excerpt is from People v. Soria, F067983 (Cal. App. 2015):

We review a trial court's determination that a case may or may not be unusual for an abuse of discretion. (People v. Stuart (2007) 156 Cal.App.4th 165, 178.) "[A] trial court does not abuse its discretion unless its decision is so irrational or arbitrary that no reasonable person could agree with it." (People v. Carmony (2004) 33 Cal.4th 367, 377.) "A court abuses its discretion 'whenever the court exceeds the bounds of reason, all of the circumstances being considered.' [Citation.] We will not interfere with the trial court's exercise of discretion 'when it has considered all facts bearing on the offense and the defendant to be sentenced.'" (People v. Downey (2000) 82 Cal.App.4th 899, 909-910.) Further, "if the statutory limitations on probation are to have any substantial scope and effect, 'unusual cases' and 'interests of justice' must be narrowly construed and, as rule 413 provides, limited to those matters in which the crime is either atypical or the offender's moral blameworthiness is reduced." (People v. Superior Court (Dorsey) (1996) 50 Cal.App.4th 1216, 1229.)

Other Questions


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 a restitution order for abuse of discretion constitute an abuse of the court's discretion? (California, United States of America)
What is the test for "abuse of discretion" in cases involving abuse of discretion? (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)
Is abuse of discretion an abuse of the discretion test? (California, United States of America)
What is the test for determining whether a court abused its discretion in denying a defendant's motion for disclosure of police personnel records? (California, United States of America)
What is the test for abuse of discretion when determining whether or not to sustain an objection under section 352 of the Evidence Code? (California, United States of America)
What is the test of relevance, relevance and abuse of discretion in determining the admissibility of evidence at trial? (California, United States of America)
What is the test for the abuse of the abuse standard in determining inadmissible evidence in a civil case? (California, United States of America)
What factors will the court use to determine an award for abuse of discretion in a personal injury case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.