People v. Arriaga, 201 Cal.App.4th 439, 133 Cal.Rptr.3d 807 (2d Dist. Dec. 1, 2011) (affirming trial courts denial of a motion to vacate the conviction under Penal Code 1016.5(a), finding no abuse of discretion: We review the trial court's ruling for abuse of discretion. (Zamudio, supra, 23 Cal.4th at p. 191.) To establish an abuse of discretion, defendant must show that it was exercised in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice. (People v. Limon (2009) 179 Cal.App.4th 1514, 1518.) We uphold the trial court's reasonable inferences and resolution of factual conflicts if supported by substantial evidence, viewed in the light most favorable to the ruling, and we accept the court's credibility determinations. (People v. Quesada (1991) 230 Cal.App.3d 525, 533.).

jurisdiction: 
Lower Courts of Ninth Circuit

 

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