California, United States of America
The following excerpt is from People v. Berg, B264001 (Cal. App. 2016):
Section 1170.126 provides that the trial court must exercise its discretion to determine whether a petitioner would pose an unreasonable risk of danger to public safety. ( 1170.126, subd. (f).) "Where . . . a discretionary power is statutorily vested in the trial court, its exercise of that discretion 'must not be disturbed on appeal except on a showing that the court exercised its discretion in an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice. [Citations.]' [Citation.]" (People v. Rodrigues (1994) 8 Cal.4th 1060, 1124-1125.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.