What is the test for determining whether to impose a lower term sentence on a convicted rapist?

California, United States of America

The following excerpt is from People v. Jordan, D064998 (Cal. App. 2015):

When deciding whether to impose an upper, middle or lower term, the trial court is required to set forth its reasons for imposing the term it selects. (People v. Sandoval (2007) 41 Cal.4th 825, 846-847.) The trial court's discretion must be exercised in a manner that is not arbitrary and capricious, and its decision must be based on

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individualized, relevant, and proper considerations. (Id. at p. 847.) The court is not required to presume the middle term is the appropriate term, and a single aggravating circumstance suffices to support an upper term sentence. (People v. Weber (2013) 217 Cal.App.4th 1041, 1063-1064.)

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