What is the test for determining whether the rule of law as applied to the established facts is violated?

California, United States of America


The following excerpt is from People v. Sanders, E055814 (Cal. App. 2013):

former to determine whether the rule of law as applied to the established facts is or is not violated. [Citations.] . . . [] The court's resolution of the first inquiry, which involves questions of fact, is reviewed under the deferential substantial-evidence standard. [Citations.] Its decision on the second, which is a pure question of law, is scrutinized under the standard of independent review. [Citations.] Finally, its ruling on the third, which is a mixed fact-law question that is however predominantly one of law, . . . is also subject to independent review." [Citation.]' [Citations.]" (People v. Carter (2005) 36 Cal.4th 1114, 1140.)

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