Does a defendant have to re-weigh the evidence to determine whether the trial court abused its power to grant an order for an abuse of power?
California, United States of America
The following excerpt is from People v. Sepulveda, B285428 (Cal. App. 2018):
Even if these facts are appropriate to consider, defendant is essentially asking us to weigh the pertinent facts differentlyand to come to a different conclusionthan the trial court. This is beyond what we may do while reviewing a trial court's order for an abuse of discretion. (Ellis v. Toshiba America Information Systems, Inc. (2013) 218 Cal.App.4th 853, 883 ["'we do not reweigh the evidence' in considering whether the trial court abused its discretion"].)
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