What is the legal test for an application for independent review of a penalty determination?

On appeal, we subject a ruling on such an application to independent review: the decision resolves a mixed question of law and fact; a determination of this kind is generally examined de novo (see generally People v. Louis, supra, 42 Cal.3d at pp. 984-988, 232 Cal.Rptr. 110, 728 P.2d 180). Of course, when we conduct such scrutiny, we simply review the trial court's determination after independently considering the record; we do not make a de novo determination of penalty.