What is the test for the presumption that a trial court properly exercised its discretion in granting a conditional discharge?

California, United States of America


The following excerpt is from People v. Lopez, B233591 (Cal. App. 2012):

"The court is presumed to have considered all of the relevant factors in the absence of an affirmative record to the contrary." (People v. Myers (1999) 69 Cal.App.4th 305, 310.) The record contains no indication that the trial court failed to consider any relevant information or was unaware of its discretion in this matter. Accordingly, appellant failed to overcome the strong presumption that the trial court properly exercised its discretion.

The judgment is affirmed.

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