What is the test for abuse of discretion in sentencing decisions in criminal cases?

California, United States of America


The following excerpt is from People v. Bentley, B254918 (Cal. App. 2015):

"Sentencing choices[,] such as . . . whether to reinstate probation or sentence a defendant to prison, are reviewed for abuse of discretion. 'A denial or a grant of probation generally rests within the broad discretion of the trial court and will not be disturbed on appeal except on a showing that the court exercised its discretion in an arbitrary or capricious manner.' [Citation.] A court abuses its discretion 'whenever the court exceeds the bounds of reason, all of the circumstances being considered.' [Citation.] We will not interfere with the trial court's exercise of discretion 'when it has considered all facts bearing on the offense and the defendant to be sentenced.' [Citation.]" (People v. Downey (2000) 82 Cal.App.4th 899, 909-910; see also People v. Medina (2001) 89 Cal.App.4th 318, 323 [after probation violation, court's decision to reinstate probation or sentence defendant to prison is matter of discretion].)

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