California, United States of America
The following excerpt is from People v. Murray, C084981 (Cal. App. 2018):
"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.]" (Sandoval, supra, 41 Cal.4th at p. 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 decision." (Sandoval, supra, at p. 847.) The burden is on the party attacking the sentence to clearly show the trial court's decision was an abuse of discretion. (People v. Lai (2006) 138 Cal.App.4th 1227, 1258.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.