California, United States of America
The following excerpt is from People v. Diaz, A133056 (Cal. App. 2015):
Accordingly, there is simply no evidence in the record that the court failed to consider all relevant criteria, including appellant's personal characteristics. (See rule 4.409 ["Relevant criteria enumerated in these rules must be considered by the sentencing judge, and will be deemed to have been considered unless the record affirmatively reflects otherwise"]; accord, People v. Weaver, supra, 149 Cal.App.4th at p. 1313 ["Unless the record affirmatively shows otherwise, a trial court is deemed to have considered all relevant criteria in deciding whether to grant or deny probation or in making any other discretionary sentencing choice"].)
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.