What is the test for discretion in dismissing a motion for sexual assault?

California, United States of America


The following excerpt is from People v. Kane, D072365 (Cal. App. 2018):

discretion unless its decision is so irrational or arbitrary that no reasonable person could agree with it." (Id. at p. 377.) Among other things, "an abuse of discretion occurs where the trial court was not 'aware of its discretion' to dismiss." (Id. at p. 378.) "Where the record demonstrates that the trial court balanced the relevant facts and reached an impartial decision in conformity with the spirit of the law, we shall affirm the trial court's ruling, even if we might have ruled differently in the first instance." (People v. Myers (1999) 69 Cal.App.4th 305, 310.)

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