What is the test for abuse of discretion in sentencing under section 1170, subdivision (b) of the California Criminal Code?

Under section 1170, subdivision (b), "[w]hen a judgment of imprisonment is to be imposed and the statute specifies three possible terms, the choice of the appropriate term shall rest within the sound discretion of the court." The court's sentencing decision is reviewed for abuse of discretion. (People v. Sandoval (2007) 41 Cal.4th 825, 847.) "The trial court's sentencing discretion must be exercised in a manner that is not arbitrary and capricious, that is consistent with the letter and spirit of the law, and that is based upon an 'individualized consideration of the offense, the offender, and the public interest.' " (Ibid.) A trial court abuses its discretion when "it relies upon circumstances that are not relevant to the decision or that otherwise constitute an improper basis for decision." (Ibid.)

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