California, United States of America
The following excerpt is from The People v. Castro-juarez, A126977, No. SC164919A (Cal. App. 2010):
People v. Carmony (2004) 33 Cal.4th 367, 374.) To constitute an abuse of discretion, the trial court's decision must be so irrational or arbitrary that no reasonable person could agree with it. (Id. at p. 377.)
The trial court's selection of the middle term is presumptively correct. (Pen. Code, 1170, subd. (b) ["[w]hen a judgment of imprisonment is to be imposed and the statute specifies three possible terms, the court shall order imposition of the middle term, unless there are circumstances in aggravation or mitigation of the crime"].) To determine whether the upper or lower term is justified, the sentencing judge may consider aggravating and mitigating factors, as well as any other factor reasonably related to the sentencing decision. (rule 4.420(b).) A sentencing judge may consider the same factors used to deny probation to enhance punishment. (People v. Bowen (1992) 11 Cal.App.4th 102, 106.)
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