What is the test for substituting judgment for the judgment of the trial judge?
California, United States of America
The following excerpt is from People v. Culverson, C088377 (Cal. App. 2020):
authorized nor warranted in substituting its judgment for the judgment of the trial judge.' " ' [Citations.] 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, 376-377.)
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