Does a juvenile court's deviation from the recommendation of the probation department show an abuse of power?
California, United States of America
The following excerpt is from People v. Miguel O. (In re Miguel O.), A147685 (Cal. App. 2016):
3. The juvenile court's deviation from the probation department's recommendation by itself does not show an abuse of discretion. "[H]aving considered them, the court 'may reject in toto the report and recommendation of the probation officer.' " (People v. Warner (1978) 20 Cal.3d 678, 683, superseded by statute on another ground as recognized in People v. Douglas (1999) 20 Cal.4th 85, 92, fn. 6.)
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