What is the burden of proving that a motion to reduce a sentence was irrational or arbitrary?
California, United States of America
The following excerpt is from People v. Southern (In re Southern), C079197 (Cal. App. 2016):
The defendant bears the burden of clearly showing that the trial court's denial of his motion to reduce was irrational or arbitrary. (People v. Alvarez, supra, 14 Cal.4th at p. 977.) " '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.' [Citation.]" (Id. at pp. 977-978.)
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