What is the abuse of discretion test for reviewing a ruling by the Court of Appeal?
California, United States of America
The following excerpt is from People v. Wolford, E057122 (Cal. App. 2014):
We apply the abuse of discretion standard when reviewing the trial court's ruling. (People v. Cole (2004) 33 Cal.4th 1158, 1195.) Under this standard, an appellate court cannot substitute its judgment for the trial court's judgment. A trial court only abuses its discretion when "'its decision is so irrational or arbitrary that no reasonable person could agree with it.' [Citations.]" (People v. Philpot (2004) 122 Cal.App.4th 893, 904-905.)
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