When reviewing an appeal of a sentence for abuse of power, what is the test for abusing the sentence?
California, United States of America
The following excerpt is from People v. Buser, A155524 (Cal. App. 2019):
When reviewing an appeal of a sentence, we examine the record for abuse of discretion and presume that the trial court properly exercised its discretion to achieve legitimate sentencing objectives, unless the party attacking the sentence can clearly show that the decision was irrational or arbitrary. (People v. Giminez (1975) 14 Cal.3d 68, 72.) The appellate court will not disturb a sentence in the absence of such a showing.
Page 4
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When reviewing an appeal of a sentence for abuse of abuse of power, how will the appellate court review the sentence? (California, United States of America)
When a judge's original sentencing has been struck down by the Court of Appeal, does the sentencing court have the power to impose any sentence permitted under the applicable statutes and rules on remand? (California, United States of America)
What is the test for abuse of abuse of power in the context of a motion to overturn a finding that the trial court abused power on the Pitchess motion? (California, United States of America)
In reviewing a lower court's ruling for abuse of power, does the court review the evidence or evaluate the credibility of witnesses? (California, United States of America)
When a motion to appeal against a reduction in the sentence of a convicted criminal has been granted by the Court of Appeal, does the Court have to credit time already served on the original sentence? (California, United States of America)
When a discretionary sentencing decision on appeal is made for the first time on appeal, is it subject to appellate review? (California, United States of America)
Is a defendant entitled to a comparative sentence review equivalent to that provided for determinately sentenced felons under the "disparate sentence" statute? (California, United States of America)
What is the sentence imposed by the trial court for abuse of abuse of power? (California, United States of America)
What is the test for abuse of public power in the context of abuse of power? (California, United States of America)
Does the Attorney General's assertion that appellate courts review probation conditions for abuse of abuse of power, if the issue was raised in the trial court? (California, United States of America)
