What is the test for abuse of discretion under the amended sentencing scheme?

California, United States of America


The following excerpt is from People v. Gordon, B286809 (Cal. App. 2019):

"Even with the broad discretion afforded a trial court under the amended [2007] sentencing scheme, its sentencing decision will be subject to review for abuse of discretion. [Citations.] 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.' [Citation.] As under the former scheme, a trial court will abuse its discretion under the amended scheme if it relies upon circumstances that are not relevant to the decision or that otherwise constitute an improper basis for decision." (People v. Sandoval (2007) 41 Cal.4th 825, 847.)

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