What is the test for a jury to determine the length of a sentence in a criminal case?

A trial court is afforded "broad discretion" in sentencing decisions. (People v. Sandoval (2007) 41 Cal.4th 825, 847; see also Pen. Code, 1170, subd. (b) ["When a judgment of imprisonment is to be imposed and the statute specifies three possible terms, the choice of the appropriate term shall rest within the sound discretion of the court"].) The trial court's discretion "must be exercised in a manner that is not arbitrary and capricious, that is consistent with the letter and spirit of the law, and that is based upon an

Page 17