California, United States of America
The following excerpt is from People v. Rocha, H041159 (Cal. App. 2016):
We review a trial court's denial of a motion to dismiss an allegation under the Three Strikes law for an abuse of discretion. (People v. Carmony, supra, 33 Cal.4th at p. 375.) The party attacking the sentence has the burden to show that the decision was irrational or arbitrary. (Id. at p. 376.) Absent that showing, the trial court is presumed to have achieved legitimate sentencing objectives, and its discretionary determination will be upheld. (Id. at pp. 376-377.) In light of that presumption, an abuse of discretion will be found only in limited circumstances. An abuse of discretion occurs where the trial court is unaware of its discretion to dismiss, where it considers impermissible factors in declining to dismiss, or where the resulting sentence produces an arbitrary, capricious or patently absurd result under the particular facts of a specific case. (Id. at p. 378.)
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