What is the test for determining whether a sentencing decision was irrational or capricious?

California, United States of America


The following excerpt is from People v. Laulu, B305376 (Cal. App. 2021):

"The trial court's sentencing discretion must be exercised in a manner that is not arbitrary and capricious, that is consistent with the letter and spirit of the law, and that is based upon an 'individualized consideration of the offense, the offender, and the public interest.'" (People v. Sandoval, supra, 41 Cal.4th at p. 847.) In the absence of a showing the sentencing decision was irrational or arbitrary, "'"the trial court is presumed to have acted to achieve legitimate sentencing objectives, and its discretionary determination to impose a particular sentence will not be set aside on review."'" (People v. Carmony (2004) 33 Cal.4th 367, 376-377.)

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