Is relief warranted on appeal against a finding that the Court did not exercise its power to grant relief?
California, United States of America
The following excerpt is from People v. Cook, E068458 (Cal. App. 2018):
actually exercised its discretion, but rather claims the court did not exercise that discretion. Relief is warranted on direct appeal, however, only when the court's misunderstanding of its discretion is affirmatively reflected in the record. (See People v. Fuhrman (1997) 16 Cal.4th 930, 945.)
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