What is the test for "abuse of reason" in determining that a decision not to resent the sentence of a convicted rapist should be reviewed?

California, United States of America


The following excerpt is from People v. Florez, 200 Cal.Rptr.3d 419, 245 Cal.App.4th 1176 (Cal. App. 2016):

"The appropriate test for abuse of discretion is whether the trial court exceeded the bounds of reason. When two or more inferences can reasonably be deduced from the facts, the reviewing court has no authority to substitute its decision for that of the trial court." (Shamblin v. Brattain (1988) 44 Cal.3d 474, 478479, 243 Cal.Rptr. 902, 749 P.2d 339.) The court made its determination that resentencing defendant would pose an unreasonable risk of danger to public safety based on appropriate factors that are supported by substantial evidence. Accordingly, we find that it did not abuse its discretion in coming to this conclusion.

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