What is the legal test for determining whether an upper term should be imposed on a convicted rapist?

A trial court's decision to impose the upper term is subject to review for abuse of discretion. (People v. Sandoval (2007) 41 Cal.4th 825, 847.) A trial court abuses its discretion if it "relies upon circumstances ... not relevant to the decision or that otherwise

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constitute an improper basis for [its] decision." (Ibid.) In exercising its sentencing discretion, the court may consider circumstances in aggravation or mitigation, and any other factor reasonably related to the sentencing decision. (Cal. Rules of Court, rule 4.420(b).) Even one aggravating factor is enough to justify imposition of an upper term, and a court may minimize or even completely disregard mitigating factors without stating its reasons. (People v. Lai (2006) 138 Cal.App.4th 1227, 1258.)