How have courts exercised discretion to impose the upper term sentence for abuse of discretion?
California, United States of America
The following excerpt is from People v. Story, C090227 (Cal. App. 2020):
We review a trial court's exercise of its discretion to impose the upper term sentence for abuse of discretion. (People v. Sandoval (2007) 41 Cal.4th 825, 847.) A trial court abuses its discretion in selecting the upper term of a sentencing triad only where "it relies upon circumstances that are not relevant to the decision or that otherwise constitute an improper basis for decision. [Citation.]" (Ibid.)
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