What is the test for denying a petition for an abuse of power?

California, United States of America


The following excerpt is from People v. Kamp, E071649 (Cal. App. 2019):

We review an order denying a section 1026.2 petition for an abuse of discretion. (People v. Cross (2005) 127 Cal.App.4th 63, 73.) "Under that standard, it is not sufficient to show facts affording an opportunity for a difference of opinion. [Citation.] . . . [D]iscretion is abused only if the court exceeds the bounds of reason, all of the circumstances being considered." (Ibid.) Applying that standard requires us to determine whether the trial court relied on proper factors and whether those factors find some support in the record. (People v. Henderson (1986) 187 Cal.App.3d 1263, 1269.)

B. Section 1026.2 Principles

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