People v. Carpenter CA3

DISCUSSION

When a trial court originally suspended imposition of sentence and later decides to revoke probation and send a defendant to prison, it may select any available sentencing option. (People v. Howard (1997) 16 Cal.4th 1081, 1084.) We review a trial court’s sentencing decision for abuse of discretion. (People v. Sandoval (2007) 41 Cal.4th 825, 847.) “[T]he trial court does not abuse its discretion unless its decision is so irrational or arbitrary that no reasonable person could agree with it.” (People v. Carmony (2004) 33 Cal.4th 367, 377.) The party disputing the sentencing decision has the burden to demonstrate how the decision was “irrational or arbitrary.” (People v. Cazares (1987) 190 Cal.App.3d 833, 837.) Defendant contends the trial court abused its discretion in not considering her alcoholism as a mitigating factor but instead treating it as additional evidence of her voluntary resistance to improvement. We disagree.

3 “As a policy matter, when a defendant has a drug addiction or substance abuse problem, where the defendant has failed to deal with the problem despite repeated opportunities, where the defendant shows little or no motivation to change his life…