What is the test for overturning a sentence for sexual abuse against a minor?

"We review the trial court's exercise of discretion at sentencing for abuse. [Citations.] We are required to presume the trial court acted to achieve legitimate sentencing objectives. [Citation.] A ' "decision will not be reversed merely because reasonable people might disagree. 'An appellate tribunal is neither authorized nor warranted in substituting its judgment for the judgment of the trial judge.' [Citations.]" ' [Citation.] We may displace the trial court's decision only if there is a clear showing the sentence was arbitrary or irrational. [Citation.] A trial court abuses its discretion if it relies upon circumstances that are not relevant to, or that otherwise constitute an improper basis for, the sentencing decision." (People v. Shenouda (2015) 240 Cal.App.4th 358, 368-369.)

Page 32

We conclude that defendant has failed to establish the existence of any grounds by which he could satisfy his burden of demonstrating that the trial court abused its discretion and that its sentencing decision was arbitrary or irrational. Defendant appears to specifically contend the trial court abused its discretion in sentencing him because it improperly relied on the victims' youth as an aggravating factor, whereas their status as minors was an element of the charged offenses. However, as can be seen by the trial court's remarks, the trial court concluded the victims here were "particularly vulnerable" because they were runaways, homeless and in need of money. Defendant does not challenge the finding of particular vulnerability, nor could he. " '[P]articular vulnerability' is determined in light of the 'total milieu in which the commission of the crime occurred.' " (People v. Dancer (1996) 45 Cal.App.4th 1677, 1693-1694, disapproved on other grounds in People v. Hammon (1997) 15 Cal.4th 1117, 1123.) A victim's young age together with other circumstances can establish " 'particular vulnerability' " as an aggravating factor. (Dancer, at p. 1694.) Here, the other circumstances relied upon by the court made the victims particularly vulnerable.