Does a finding of substantial evidence or sanction of dismissal need to be reviewed for substantial evidence?
California, United States of America
The following excerpt is from People v. Velasco-Palacios, 185 Cal.Rptr.3d 286, 235 Cal.App.4th 439 (Cal. App. 2015):
The Sixth Appellate District, however, has held the trial court's factual findings are reviewed for substantial evidence, while the sanction of dismissal should be reviewed independently. (People v. Uribe (2011) 199 Cal.App.4th 836, 855-858, 132 Cal.Rptr.3d 102.) In doing so, the Sixth District recognize [d] that there is some support for ... an abuse of discretion standard. (Id. at p. 858, 132 Cal.Rptr.3d 102.)
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