What are the factors used by a court to determine the severity of a defendant's sentence?

California, United States of America


The following excerpt is from People v. Swain, C075766 (Cal. App. 2014):

" 'Sentencing courts have wide discretion in weighing aggravating and mitigating factors [citations] . . . . We must affirm unless there is a clear showing the sentence choice was arbitrary or irrational.' [Citation.] . . . The trial court need not explain its reasons for rejecting mitigating factors. [Citation.]" (People v. Avalos (1996) 47 Cal.App.4th 1569, 1582-1583.)

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