What is the test for review of sentencing decisions under the abuse of discretion standard?
California, United States of America
The following excerpt is from People v. Underwood, C075156 (Cal. App. 2015):
A trial court's sentencing decision is reviewed under the abuse of discretion standard. (People v. Sandoval (2007) 41 Cal.4th 825, 847.) "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.]" (Ibid.)
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