How does the Court of Appeal review for abuse of discretion a sentencing enhancement under section 1385?

California, United States of America


The following excerpt is from People v. Moses, E071794 (Cal. App. 2021):

We review for abuse of discretion the trial court's determination of whether to dismiss or strike a sentencing enhancement under section 1385. (People v. Carmony (2004) 33 Cal.4th 367, 376.) In reviewing for abuse of discretion, we are guided by two fundamental precepts. First, [t]he burden is on the party attacking the sentence to clearly show that the sentencing decision was irrational or arbitrary. [Citation.] In the absence of 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.' [Citations.] Second, a decision will not be reversed merely because reasonable people might disagree. An appellate tribunal is neither authorized nor warranted in substituting its judgment for the judgment of the trial judge.'' [Citations.] Taken together, these precepts establish that a trial court does not abuse its discretion unless its decision is so irrational or arbitrary that no reasonable person could agree with it. (Id. at pp. 376-377.)

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