How has the court considered relevant factors in determining whether to grant a conditional discharge?

California, United States of America


The following excerpt is from People v. Rascon, 2d Crim. No. B277789 (Cal. App. 2017):

Appellant claims that the trial court erroneously failed to consider relevant factors. But "[t]he court is presumed to have considered all of the relevant factors in the absence of an affirmative record to the contrary. [Citation.] Thus, the fact that the court focused its explanatory comments on [a particular factor] does not mean that it considered only that factor." (People v. Myers (1999) 69 Cal.App.4th 305, 310.) Here, the record does not affirmatively show that the trial court failed to consider relevant factors.

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