What is the test for a trial court to determine the appropriate sentencing of a convicted rapist?

California, United States of America


The following excerpt is from People v. Tidwell, B277037 (Cal. App. 2017):

"It is well established that the trial court has broad discretion when it comes to sentencing." (People v. Groomes (1993) 14 Cal.App.4th 84, 87.) A trial court's sentencing decision is reviewed for abuse of discretion. (People v. Sandoval (2007) 41 Cal.4th 825, 847.)

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"The trial court's sentencing 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 'individualized consideration of the offense, the offender, and the public interest.' [Citation.] . . . [A] trial court will abuse its discretion . . . if it relies upon circumstances that are not relevant to the decision or that otherwise constitute an improper basis for decision. [Citations.] A failure to exercise discretion also may constitute an abuse of discretion." (People v. Sandoval, supra, 41 Cal.4th at pp. 847-848.)

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