People v. Wiedemann CA1/5

DISCUSSION

Appellant contends the trial court abused its discretion in imposing a three-year upper term sentence. We disagree.

I. Standard of Review

A trial court’s exercise of its discretion in selecting a sentence under Penal Code section 11701 is subject to review for abuse of discretion. (People v. Sandoval (2007) 41 Cal.4th 825, 847.) “[A] trial court will abuse its discretion . . . if it relies upon circumstances that are not relevant to the decision or that otherwise constitute an improper basis for decision. [Citations.]” (Ibid.) “Sentencing courts have wide discretion in weighing aggravating and mitigating factors. [Citation.] Indeed, a trial court may ‘minimize or even entirely disregard mitigating factors without stating its reasons.’ [Citation.]” (People v. Lai (2006) 138 Cal.App.4th 1227, 1258 (Lai).) “ ‘The burden is on the party attacking the sentence to clearly show that the sentencing decision was irrational or arbitrary. [Citation.] In the absence of such a showing, the trial court is

All undesignated section references are to the Penal Code.

2 presumed to have acted to achieve legitimate sentencing objectives, and its discretionary determination to…