What is the test for an abuse of discretion in sentencing?

California, United States of America


The following excerpt is from People v. Jati, G043699 (Cal. App. 2011):

The trial court enjoys broad discretion in its sentencing decision, which we review for an abuse of discretion. However, such discretion "'must be grounded in reasoned judgment and guided by legal principles and policies appropriate to the particular matter at issue.'" (People v. Sandoval (2007) 41 Cal.4th 825, 847.) Thus, the trial court must exercise its sentencing discretion "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.)

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