What is the test for overturning a conviction when evidence is improperly admitted?

California, United States of America


The following excerpt is from People v. Hernandez, F075658 (Cal. App. 2020):

"We review a trial court's decision to admit or exclude evidence 'for abuse of discretion, and [the ruling] will not be disturbed unless there is a showing that the trial court acted in an arbitrary, capricious, or absurd manner resulting in a miscarriage of justice.' [Citation.] When evidence is erroneously admitted, we do not reverse a conviction unless it is reasonably probable that a result more favorable to the defendant would have occurred absent the error." (People v. Powell (2018) 5 Cal.5th 921, 951.)

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