What is the test for a challenge to a trial court's decision to admit or exclude evidence under section 352 for abuse of discretion?

California, United States of America


The following excerpt is from People v. Chavez, C080117 (Cal. App. 2020):

We review a challenge to a trial court's decision to admit or exclude evidence under section 352 for abuse of discretion. (See People v. Anderson (2018) 5 Cal.5th 372, 402.) "As with all actions by a trial court within the exercise of its discretion, as long as there exists 'a reasonable or even fairly debatable justification, under the law, for the action taken, such action will not be here set aside, even if, as a question of first

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impression, we might feel inclined to take a different view from that of the court below as to the propriety of the action.' [Citation.]" (Gonzales v. Nork (1978) 20 Cal.3d 500, 507 (Gonzales).)

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