California, United States of America
The following excerpt is from People v. Rhoades, C076026 (Cal. App. 2014):
We review a trial court's decision to impose an upper term for an abuse of discretion. (People v. Sandoval (2007) 41 Cal.4th 825, 847.) Defendant must show the trial court relied on circumstances that are irrelevant or otherwise improper, or failed to exercise its discretion. (Id. at pp. 847-848.)
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