What is the test for a motion to have a defendant's criminal record reviewed at sentencing?

California, United States of America


The following excerpt is from People v. Howard, B294443 (Cal. App. 2019):

As it had when it denied defendant's pretrial motion, the trial court again reviewed defendant's extensive criminal history at sentencing. However, defendant has omitted any mention of most of his criminal history and other evidence reviewed by the trial court, instead relying on his attempt to trivialize his record. In essence, defendant's argument merely offers an alternative to the trial court's opinion, which is insufficient to demonstrate that the court exceeded the bounds of reason. (See People v. Clair (1992) 2 Cal.4th 629, 655.)

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