California, United States of America
The following excerpt is from People v. Day, C064589, Super. Ct. No. 06-2085 (Cal. App. 2011):
appellate tribunal is neither authorized nor warranted in substituting its judgment for the judgment of the trial judge." [Citations.] In the absence of a clear showing that its decision was arbitrary or irrational, a trial court should be presumed to have acted to achieve legitimate objectives and, accordingly, its discretionary determinations ought not be set aside on review. [Citations.] "Further, to be entitled to relief on appeal from an alleged abuse of discretion, it must clearly appear the resulting injury is sufficiently grave to manifest a miscarriage of justice. [Citation.]"' (People v. Preyer (1985) 164 Cal.App.3d 568, 573-574.)" (People v. Zaring (1992) 8 Cal.App.4th 362, 378.)
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