When reviewing an appeal of a sentence for abuse of abuse of power, how will the appellate court review the sentence?
California, United States of America
The following excerpt is from People v. Buser, A155524 (Cal. App. 2019):
When reviewing an appeal of a sentence, we examine the record for abuse of discretion and presume that the trial court properly exercised its discretion to achieve legitimate sentencing objectives, unless the party attacking the sentence can clearly show that the decision was irrational or arbitrary. (People v. Giminez (1975) 14 Cal.3d 68, 72.) The appellate court will not disturb a sentence in the absence of such a showing.
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