What is the test for reversing a finding of not guilty of sexual assault in the Court of Appeal?
California, United States of America
The following excerpt is from People v. Lopez, 2d Crim. No. B278859 (Cal. App. 2018):
Trial courts have "broad discretion" to determine the probative value of evidence and whether its admission is outweighed by "concerns of undue prejudice." (People v. Rodrigues (1994) 8 Cal.4th 1060, 1124.) Appellate courts will not reverse the trial court unless its exercise of discretion was "arbitrary, capricious or patently absurd." (Ibid.)
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