How is the abuse of sentencing standard applied in sentencing decisions?
California, United States of America
The following excerpt is from People v. Collins, B256015 (Cal. App. 2015):
A trial court's decision to grant or deny probation is reviewed under the abuse of discretion standard. (People v. Ferguson (2011) 194 Cal.App.4th 1070, 1091.) Under this standard, "'a trial court is presumed to have acted to achieve legitimate sentencing objectives in the absence of a clear showing the sentencing decision was irrational or arbitrary. [Citations.]' [Citation.]" (Ibid.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the abuse of discretion standard apply to a decision by the appellate court to instruct or not to instruct a jury? (California, United States of America)
Does the doctrine of forfeiture apply to sentencing decisions where a defendant is ordered to serve a sentence that runs concurrently or consecutively? (California, United States of America)
Does the abuse standard of review apply to any decision by the trial court to instruct or not to instruct? (California, United States of America)
Does the abuse of discretion standard apply to a decision by the appellate court to instruct or not to instruct a jury? (California, United States of America)
What is the test for review of sentencing decisions under the abuse of discretion standard? (California, United States of America)
What is the test for applying the abuse of the abuse standard? (California, United States of America)
Does the abuse of discretion standard apply to a decision by the appellate court to instruct or not to instruct a jury? (California, United States of America)
Does the abuse of discretion standard apply to a decision by the appellate court to instruct or not to instruct a jury? (California, United States of America)
When reviewing an appeal of a sentence for abuse of abuse of power, how will the appellate court review the sentence? (California, United States of America)
What is the abuse of discretion standard in sentencing decisions? (California, United States of America)
