What is the test for an abuse of discretion when a trial court elects an atrial court's election of a lower term?

California, United States of America

The following excerpt is from People v. Dennisbellairs, C093250 (Cal. App. 2021):

(People v. Lamb (1988) 206 Cal.App.3d 397, 401.) We review atrial court's election of the lower, middle, or upper term for an abuse of discretion. (People v. Sandoval (2007) 41 Cal.4th 825, 847.) "[A] trial court will abuse its discretion. .. if it relies upon circumstances that are not relevant to the decision or that otherwise constitute an improper basis for decision." (Ibid.) The trial court may base its decision on any aggravating circumstance it deems significant that is" 'reasonably related to the decision being made.'" (Id. at p. 848; see also Cal. Rules of Court, rule 4.408(a).)

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