Does the Court have any authority to reverse an order of the appellate court in the matter of probation?

California, United States of America


The following excerpt is from People v. Beasley, 5 Cal.App.3d 617, 85 Cal.Rptr. 501 (Cal. App. 1970):

The following passage from People v. Lippner (1933) 219 Cal. 395, 26 P.2d 457 still governs in cases in which the defendant is eligible for probation: 'The defendant has directed our attention to no case decided by the courts of this state, or elsewhere for that matter, in which an appellate court has reversed an order of the trial court in the matter of either granting, denying or revoking probation on the ground that the action of the trial court was arbitrary. We have not discovered any such authority. It does not follow, however, that such a case may not arise or possibly has [5 Cal.App.3d 664] not arisen, but the dearth of such cases demonstrates the assertion above that only in a very extreme case should an appellate court interfere with the direction of the trial court in the matter of denying or revoking probation.' (219 Cal. at p. 400, 26 P.2d at p. 459.) 13

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