How does the abuse of review standard of review apply?
California, United States of America
The following excerpt is from People v. Smith, E060611 (Cal. App. 2015):
We apply the abuse of discretion standard of review. (People v. Delgado (2013) 214 Cal.App.4th 914, 919.) When a court sentences a defendant, it may select the upper, middle, or lower term. (Cal. Rules of Court, rule 4.420(a).) In exercising its discretion to select one of the three terms, the court "may consider circumstances in aggravation or mitigation, and any other factor reasonably related to the sentencing decision." (Cal. Rules of Court, rule 4.420(b).)
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