California, United States of America
The following excerpt is from People v. Crosnoe, B187550 (Cal. App. 12/6/2006), B187550 (Cal. App. 2006):
Here too, although the trial court did not mention all of the factors urged by defense counsel, that failure alone does not satisfy appellant's burden of establishing the court did not consider the relevant factors. (People v. Superior Court (Du) (1992) 5 Cal.App.4th 822, 836-837 [trial court is presumed to have considered all relevant factors unless the record affirmatively shows otherwise].) The court had observed appellant's attitude and demeanor during trial, and had heard and considered the arguments of counsel. We find no abuse of discretion in the denial of appellant's request to reduce his felony convictions for making criminal threats to misdemeanors.
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