What is the test for determining the length of a sentence based on aggravating factors?

California, United States of America


The following excerpt is from People v. Cooper, A151092 (Cal. App. 2017):

"When a judgment of imprisonment is to be imposed and the statute specifies three possible terms, the choice of the appropriate term shall rest within the sound discretion of the court. . . . The court shall select the term which, in the court's discretion, best serves the interests of justice." ( 1170, subd. (b).) Sentencing courts have wide discretion in weighing aggravating and mitigating factors. (People v. Avalos (1996) 47 Cal.App.4th 1569, 1582.) In the absence of a showing that the sentencing decision was irrational or arbitrary, " 'the trial court is presumed to have acted to achieve

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