What is the test for abuse of discretion in deciding whether a statement is admissible under section 1230 of the Evidence Code?

California, United States of America


The following excerpt is from People v. Pink, F070488 (Cal. App. 2017):

"We review a trial court's decision whether a statement is admissible under Evidence Code section 1230 for abuse of discretion. [Citations.]" (People v. Grimes (2016) 1 Cal.5th 698, 711 (Grimes).) "Whether a trial court has correctly construed Evidence Code section 1230 is, however, a question of law that we review de novo." (Grimes, supra, at p. 712.) We will not disturb on appeal a trial court's exercise of vested discretionary power unless "the court exercised its discretion in an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice. [Citations.]' [Citation.]" (People v. Rodrigues (1994) 8 Cal.4th 1060, 1124-1125.)

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