What is the test for determining whether a sentence imposed by a court on a defendant is irrational or arbitrary on appeal?
California, United States of America
The following excerpt is from People v. Lesopravsky, B281733 (Cal. App. 2018):
" 'A trial court's decision to impose a particular sentence is reviewed for abuse of discretion and will not be disturbed on appeal "unless its decision is so irrational or arbitrary that no reasonable person could agree with it." ' " (People v. Nicolas
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(2017) 8 Cal.App.5th 1165, 1182 (Nicolas).) It is the burden of the complaining party to demonstrate the sentencing choice was irrational or arbitrary. (People v. Carmony (2004) 33 Cal.4th 367, 376.)
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