Does a court have an obligation to give a statement of reasons for choosing state prison over probation?

California, United States of America


The following excerpt is from The People v. Voiles, D055815, No. SCE275702 (Cal. App. 2010):

This case is factually distinguishable from People v. Hawthorne, supra, 226 Cal.App.3d 789. In People v. Hawthorne, the trial court immediately sentenced the defendant to prison after revoking probation with no discussion of the available options under the circumstances and without considering counsel's argument. (Id. at p. 791.) Where "the court's statement focuses directly and exclusively upon the decision to revoke,... the court's obligation to give a statement of reasons for choosing state prison over probation" is not satisfied. (Id. at p. 795.)

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