What is the test for a judge to exercise discretionary power on appeal?

California, United States of America


The following excerpt is from People v. Franco, 24 Cal.App.4th 1528, 30 Cal.Rptr.2d 478 (Cal. App. 1994):

"Where, as here, a discretionary power is inherently or by express statute vested in the trial judge, his or her exercise of that wide discretion must not [24 Cal.App.4th 1543] be disturbed on appeal except on a showing that the court exercised its discretion in an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice." (People v. Jordan (1986) 42 Cal.3d 308, 316, 228 Cal.Rptr. 197, 721 P.2d 79. Original emphasis.)

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