When will a court review a sentencing decision for abuse of discretion?

A trial court's sentencing decisions are reviewed for abuse of discretion. (People v. Sandoval (2007) 41 Cal.4th 825, 847.) The trial court abuses its discretion "if it relies upon circumstances that are not relevant to the decision or that otherwise constitute an improper basis for decision." (Ibid.)

The People argue defendant forfeited this claim by not raising it at sentencing. (See People v. Scott (1994) 9 Cal.4th 331, 356 ["complaints about the manner in which the trial court exercises its sentencing discretion and articulates its supporting reasons cannot be raised for the first time on appeal"].) But we agree with defendant it would

Page 7

have been futile for defense counsel to object to the trial court's finding that defendant did not show remorse. (See People v. Penunuri (2018) 5 Cal.5th 126, 166 [defendant not required to proffer futile objections].) The trial court found defendant was not remorseful mere moments after defendant responded to the trial court's inquiry into that very issue, and there is no reason to believe defense counsel's objection would have caused the trial court to reconsider its finding.