California, United States of America
The following excerpt is from People v. Walker, E067404 (Cal. App. 2019):
" 'Sentencing courts have wide discretion in weighing aggravating and mitigating factors [citations], and may balance them against each other in "qualitative as well as quantitative terms" [citation] . . . . We must affirm unless there is a clear showing the sentence choice was arbitrary or irrational.' [Citations.]" (People v. Avalos (1996) 47 Cal.App.4th 1569, 1582.) Aggravating circumstances a court can consider include the factors that "[t]he defendant's prior convictions as an adult or sustained petitions in juvenile delinquency proceedings are numerous or of increasing seriousness," and that "[t]he defendant has served a prior term in prison or county jail under section 1170(h)." (Cal. Rules of Court, rule 4.421(b)(2) & (3).) "[T]he court may not impose an upper term by using the fact of any enhancement upon which sentence is imposed under any
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provision of law." ( 1170, subd. (b).)
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