California, United States of America
The following excerpt is from People v. Anduja, H040072 (Cal. App. 2014):
(1999) 20 Cal.4th 490, 503.) This abuse of discretion standard also applies to appellate review of the denial of Romero motions. (People v. Carmony, supra, 33 Cal.4th at pp. 374-376.) It is the defendant's burden as the party attacking the sentencing decision to show that it was arbitrary or irrational, and, absent such showing, there is a presumption that the court " ' "acted to achieve the legitimate sentencing objectives, and its discretionary determination to impose a particular sentence will not be set aside on review." ' [Citations.]" (Id. at p. 377.) Such a discretionary decision " ' "will not be reversed merely because reasonable people might disagree." ' " (Ibid.)
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