What is the burden of appealing against a sentence of a year sentence for a convicted rapist?
California, United States of America
The following excerpt is from People v. Rojas, G051521 (Cal. App. 2016):
Defendant next argues it was an abuse of discretion for the trial court to consider his previous criminal history when deciding whether to sentence him to a year of parole. Under the abuse of discretion standard, the defendant has the burden to show the trial court's sentencing decision was irrational or arbitrary. (People v. Carmony (2004) 33 Cal.4th 367, 376-377.)
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