What is the current state of the law on abuse of discretion in sentencing decisions?
California, United States of America
The following excerpt is from People v. Burris, C089198 (Cal. App. 2020):
The trial court's sentencing decision is reviewed for an abuse of discretion, meaning its discretion must have been exercised in a manner that is not arbitrary and capricious. (People v. Weber (2013) 217 Cal.App.4th 1041, 1063.) " '[A] trial court is free to base an upper term sentence upon any aggravating circumstance that the court deems significant, subject to specific prohibitions.' " (Id. at pp. 1063-1064.) "[T]he
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