California, United States of America
The following excerpt is from People v. Perez, B292026 (Cal. App. 2020):
"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.) A trial court abuses its discretion "if it relies upon circumstances that are not relevant to the decision or that otherwise constitute an improper basis for decision." (Sandoval, at p. 847; see People v. Willover (2016) 248 Cal.App.4th 302, 323.)
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