What is the test for an upper term for abuse of power?
California, United States of America
The following excerpt is from People v. Wooldridge, C084530 (Cal. App. 2019):
We review a trial court's decision to impose the upper term for abuse of discretion. (People v. Sandoval (2007) 41 Cal.4th 825, 847.) An upper term may be based on "any aggravating circumstance" the court deems significant so long as it is " 'reasonably related to the decision being made.' " (Id. at p. 848.) A court abuses its discretion if it relies on circumstances not relevant to the decision or that "constitute an improper basis for decision." (Id. at p. 847.)
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