California Penal Code Section 1170

The California Supreme Court has stated that the broad discretion given to trial courts by California Penal Code Section 1170 is subject to review for an 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." (Ibid.) Neither section 1170 nor the California Rules of Court attempt to provide an inclusive list of aggravating circumstances. Thus, a trial court is free to base an upper term sentence upon any aggravating circumstance that (1) the court deems significant and (2) is reasonably related to the decision being made. (People v. Sandoval, supra, 41 Cal.4th at p. 848; see Cal. Rules of Court, rules 4.408(a), 4.420(c), (d).)