What is the test for finding that a trial court abused its discretion in admitting and denying evidence of sexual assault?

California, United States of America


The following excerpt is from People v. Aviles, G054300 (Cal. App. 2018):

Under the abuse of discretion standard, a "'"decision will not be reversed merely because reasonable people might disagree. 'An appellate tribunal is neither authorized nor warranted in substituting its judgment for the judgment of the trial judge.'"'" Taken together, these precepts establish that a trial court does not abuse its discretion unless its decision is so irrational or arbitrary that no reasonable person could agree with it." (People v. Carmony (2004) 33 Cal.4th 367, 377.) Thus, to find the trial court in this case abused its discretion, we must find that no reasonable judge would have admitted the evidence. We cannot find that here as "our examination of the photograph suggests no basis on which to conclude that its admission was unduly prejudicial." (People v. Brooks (2017) 3 Cal.5th 56.)

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