California, United States of America
The following excerpt is from People v. Sanchez, C084811 (Cal. App. 2019):
1315.) Courts will infer an implicit weighing well short of an express statement. (People v. Villatoro (2012) 54 Cal.4th 1152, 1168.) However, there must be something in the record to affirmatively show that the court did, in fact, weigh these factors. (People v. Cox (1991) 53 Cal.3d 618, 665 disapproved of on other grounds by People v. Doolin (2009) 45 Cal.4th 390.) "A failure to exercise discretion also may constitute an abuse of discretion." (People v. Sandoval (2007) 41 Cal.4th 825, 847-848.)
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