P.
P. v. Salazar CA4/1
Opinion
Opinion
FACTS
Salazar committed two offenses. In 2009, Salazar applied for a driver's license
using a false identity. In 2010, Salazar went to his next door neighbor's house when the
parents of a 13-year-old girl were not home and touched her thigh and fondled her breast.
The girl reported the incident to her mother, who called the police.
DISCUSSION
I
SENTENCING
Salazar contends the sentencing court abused its discretion in sentencing him to
the middle term of six years because it was excessive and did not meet the objectives of
sentencing. We disagree.
The determination of the appropriate term is within the trial court's broad
discretion and must be affirmed unless there is a "showing that the court exercised its
discretion in an arbitrary, capricious or patently absurd manner that resulted in a manifest
miscarriage of justice." (People v. Jordan (1986) 42 Cal.3d 308, 316.) "Sentencing
courts have wide discretion in weighing aggravating and mitigating factors [citation], and
may balance them against each other in qualitative as well as quantitative terms."
(People v. Roe (1983) 148 Cal.App.3d 112, 119.)
3 Salazar argues that the trial court abused its…