Does a trial court abuse its discretion in sentencing a defendant to the upper term?
California, United States of America
The following excerpt is from People v. Davolt, E057359 (Cal. App. 2014):
This was well within the wide discretion a trial court has in sentencing a defendant and was not close to being an "arbitrary, capricious or patently absurd" decision. (People v. Jordan (1986) 42 Cal.3d 308, 316.) We conclude that the trial court did not abuse its discretion in sentencing defendant to the upper term.
The judgment is affirmed.
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