What is the appropriate sentence for a defendant convicted of inflicting injury upon an elder?

Defendant was convicted of inflicting injury upon an elder in violation of section 368, subdivision (b)(1). That statute specifies three possible sentences: "two, three, or four years." Under the determinate sentencing law, "the choice of the appropriate term shall rest within the sound discretion of the court. . . . In determining the appropriate term, the court may consider the record in the case, the probation officer's report, other reports, . . . and statements in aggravation or mitigation submitted by the prosecution, the defendant, or the victim, or the family of the victim if the victim is deceased, and any further evidence introduced at the sentencing hearing. The court shall select the term which, in the court's discretion, best serves the interests of justice." ( 1170, subd. (b).) We review the court's choice of term for an abuse of discretion. (People v. Sandoval (2007) 41 Cal.4th 825, 847.)

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