What is the legal test for abuse of discretion when determining whether to reinstate probation or prison terms?

California, United States of America


The following excerpt is from People v. Grant, E052019, Super.Ct.No. FMB008691 (Cal. App. 2011):

Courts have broad discretion to reinstate probation or impose a prison sentence, and whether to impose the upper term. We review a trial court's determination for abuse of discretion and would reverse only if there is a clear showing the sentence was arbitrary or irrational. (People v. Sandoval (2007) 41 Cal.4th 825, 847.) A trial court abuses its discretion "if it relies upon circumstances that are not relevant to the decision or that otherwise constitute an improper basis for decision. [Citations.]" (Ibid.)

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