Does a defendant have to prove that the sentencing decision was irrational or arbitrary?
California, United States of America
The following excerpt is from People v. Diaz, B218806 (Cal. App. 2011):
Defendant bears the burden to clearly show that the sentencing decision was irrational or arbitrary. Absent such a showing, the trial court is presumed to have acted to achieve legitimate sentencing objectives, and its discretionary determination to impose a particular sentence will not be set aside on review. (People v. Superior Court (Du) (1992) 5 Cal.App.4th 822, 831.)
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