California, United States of America
The following excerpt is from People v. Masel, C059472 (Cal. App. 10/22/2009), C059472. (Cal. App. 2009):
Nor did the trial court abuse its discretion by finding this was not an unusual case. The existence of factors that may justify finding an unusual case does not compel such a finding. (People v. Stuart (2007) 156 Cal.App.4th 165, 178.) On appeal, we review the trial court's decision with deference; that is, we will not reverse simply because the question was debatable, the defendant must show that the trial court abused its discretion. (Id. at pp. 178-179; People v. Superior Court (Du) (1992) 5 Cal.App.4th 822, 831.)
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