California, United States of America
The following excerpt is from People v. Bailey, D064774 (Cal. App. 2015):
Therefore, we conclude "[t]he plain language of subdivisions (f) and (g) of section 1170.126 calls for an exercise of the sentencing court's discretion. ' "Discretion is the power to make the decision, one way or the other." [Citation.]' [Citation.] 'Where, as here, a discretionary power is statutorily vested in the trial court, its exercise of that discretion "must not be disturbed on appeal except on a showing that the court exercised its discretion in an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice." ' " (People v. Payne, supra, 232 Cal.App.4th at p. 591.)
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