What is the test for discretion on appeal?
California, United States of America
The following excerpt is from The People v. Duarte, G041195, No. 07WF0962 (Cal. App. 2010):
discretion will not be disturbed on appeal except on a showing the court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice. (People v. Frazier (2001) 89 Cal.App.4th 30, 42.)
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