What factors will a court consider in determining the appropriate sentence for a convicted rapist?

California, United States of America


The following excerpt is from People v. Fuhrmann, G054253 (Cal. App. 2018):

"In determining the appropriate term, the court may consider the record in the case, the probation officer's report, other reports, . . . and statements in aggravation or mitigation . . . ." ( 1170, subd. (b).) "'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.] One factor alone may warrant imposition of the upper term [citation] and the trial court need not state reasons for minimizing or disregarding circumstances in mitigation [citation]." (People v. Lamb (1988) 206 Cal.App.3d 397, 401.) Although the court must state reasons for imposing the selected term, those reasons need not include facts deemed by the court to be aggravating or mitigating circumstances. (People v. Sandoval (2007) 41 Cal.4th 825, 847.)

The "'"burden is on the party attacking the sentence to clearly show that the sentencing decision was irrational or arbitrary. [Citation.] In the absence of such a showing, the trial court is presumed to have acted to achieve the legitimate sentencing objectives, and its discretionary determination to impose a particular sentence will not be set aside on review."'" (People v. Carmony (2004) 33 Cal.4th 367, 376-377.) A "trial court does not abuse its discretion unless its decision is so irrational or arbitrary that no reasonable person could agree with it." (Id. at p. 377.)

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