What is the test for abuse of discretion in sentencing?
California, United States of America
The following excerpt is from People v. Mansour, B225591 (Cal. App. 2011):
A trial court's sentencing decision is subject to review for abuse of discretion. (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 the decision. (Ibid.)
The trial court is presumed to have considered all relevant factors unless the record affirmatively shows the contrary. (Cal. Rules of Court, rule 4.409; People v.
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