California, United States of America
The following excerpt is from People v. Garcia, A123658 (Cal. App. 2/19/2010), A123658. (Cal. App. 2010):
Nor do we find any error in the trial court's decision to deny probation to defendant. "Probation is generally reserved for convicted criminals whose conditional release into society poses minimal risk to public safety and promotes rehabilitation. [Citations.] The sentencing court has broad discretion to determine whether an eligible defendant is suitable for probation and, if so, under what conditions." (People v. Carbajal (1995) 10 Cal.4th 1114, 1120.) "`The grant or denial of probation is within the trial court's discretion and the defendant bears a heavy burden when attempting to show an abuse of that discretion. [Citation.]' (Ibid.) `In reviewing [a trial court's determination whether to grant or deny probation,] it is not our function to substitute our judgment for that of the trial court. Our function is to determine whether the trial court's order granting [or denying] probation is arbitrary or capricious or exceeds the bounds of reason considering all the facts and circumstances.' [Citation.] [] `The decision to grant or deny probation requires consideration of all the facts and circumstances of the case. [Citation.]'" (People v. Weaver (2007) 149 Cal.App.4th 1301, 1311-1312.)
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