California, United States of America
The following excerpt is from People v. Sword, 29 Cal.App.4th 614, 34 Cal.Rptr.2d 810 (Cal. App. 1994):
"The term judicial discretion implies the absence of arbitrary determination, capricious disposition, or whimsical thinking. [Citation.] 'When the question on appeal is whether the trial court has abused its discretion, the showing is insufficient if it presents facts which merely afford an opportunity for a difference of opinion. An appellate tribunal is not authorized to substitute its judgment for that of the trial judge. [Citation.]' [Citation.] Discretion is abused only if the court exceeds the bounds of reason, all of the circumstances being considered." (People v. Henderson, supra, 187 Cal.App.3d 1263, 1268, 233 Cal.Rptr. 141.)
We therefore consider whether the record demonstrates reasons for the trial court's disregard of the opinion of the treating doctors and other specialists who testified that defendant was no longer dangerous. The Henderson court, facing the same situation, considered whether the trial court [29 Cal.App.4th 627] relied on the proper factors, and whether the factors found some support in the record. (People v. Henderson, supra, 187 Cal.App.3d 1263, 1269, 233 Cal.Rptr. 141.)
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