Just as federal judges have discretion to impose a "reasonable" sentence by referring to a set of broad criteria, the Black court reasoned, California trial judges have broad discretion to impose a sentence within a predetermined range. But this characterization of the DSL was not accurate, for California had adopted "sentencing triads, three fixed sentences with no ranges between them.
The Black court's decision acknowledged that federal judges have the authority to impose a sentence that is fair and reasonable, taking into account a range of factors. In contrast, California trial judges have more flexibility in determining a sentence within a predetermined scope. Nevertheless, this characterization of the DSL was not accurate, as California had established a system with three fixed sentences and no intermediate options.