Does section 1170 of the California Criminal Code need to be interpreted as "discretionary power" of the sentencing court?

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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