California, United States of America
The following excerpt is from People v. Pedraza, G053084 (Cal. App. 2017):
to be punishment for this serious of a crime, and that punishment needs to go beyond the county jail." The court observed the serious nature of the crimes and noted Doe's vulnerability. The court emphasized Pedraza took advantage of a position of trust, inflicting emotional injury on his sister, and no unusual circumstance prompted him to commit the crimes. The court therefore concluded Pedraza's behavior reflected "a high degree of callousness." We cannot fault the court's conclusion. While substantial mitigating evidence existed, the trial court did not abuse its discretion in arriving at its sentencing decision. (People v. Carmony (2004) 33 Cal.4th 367, 376-377 [burden on party attacking sentence to show sentencing decision was irrational or arbitrary]; People v. Lai (2006) 138 Cal.App.4th 1227, 1256 [trial court has broad discretion in determining whether a defendant is suitable for probation].)
The judgment is affirmed.
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