California, United States of America
The following excerpt is from People v. Barker, A143846 (Cal. App. 2016):
A trial court has broad discretion to decide whether to select the upper, middle, or lower term of imprisonment ( 1170, subd. (b)), and must be affirmed unless there is a clear showing the sentence choice was arbitrary or irrational (People v. Hubbell (1980) 108 Cal.App.3d 253, 260). "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 submitted by the prosecution, the defendant, or the victim, or the family of the victim if the victim is deceased, and any further evidence introduced at the sentencing hearing. The court shall select the term which, in the court's discretion, best serves the interests of justice. The court shall set forth on the record the reasons for imposing the term selected and the court may not impose an upper term by using the fact of any enhancement upon which sentence is imposed under any provision of law." ( 1170, subd. (b); see also Cal. Rules of Court, rule 4.420(b).)
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