What is the test for sentencing a defendant for gross vehicular manslaughter while intoxicated?
California, United States of America
The following excerpt is from People v. Cecere, C085780 (Cal. App. 2019):
When sentencing a defendant for gross vehicular manslaughter while intoxicated, the court has discretion to select any one of the three available terms it deems appropriate and "best serves the interests of justice." (Pen. Code, 1170, subd. (b).) Courts generally have wide discretion to weigh both aggravating and mitigating factors, and a court may even disregard or minimize mitigating factors without stating its reasons. (People v. Lai (2006) 138 Cal.App.4th 1227, 1258.) But "[a] fact that is an element of the crime on which punishment is being imposed may not be used to impose a particular term." (Cal. Rules of Court, rule 4.420(d).)
"Even with the broad discretion afforded a trial court under the [present] sentencing scheme, its sentencing decision will be subject to review for abuse of discretion." (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
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