California, United States of America
The following excerpt is from People v. Storrs, B233173 (Cal. App. 2011):
We review a trial court's failure to strike a prior conviction for abuse of discretion. (People v. Carmony (2004) 33 Cal.4th 367, 374.) "[A] trial court does not abuse its discretion unless its decision is so irrational or arbitrary that no reasonable person could agree with it." (Id. at p. 377.) Defendant carries the burden to clearly demonstrate that the sentencing decision constituted an abuse of discretion. If he fails to do so, we presume the trial court acted to achieve the legitimate sentencing objectives of the Three Strikes law. (Id. at pp. 376-377.) The court's decision in this matter was far from irrational or arbitrary.
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