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

California, United States of America


The following excerpt is from People v. Hampson, E061316 (Cal. App. 2015):

The record in the present case indicates the trial court considered the relevant factors. With respect to the nature of the current offense, the trial court recognized that the current crime was a nonviolent drug offense. However, "the nonviolent or nonthreatening nature of the [current] felony cannot alone take the crime outside the spirit of the law." (People v. Strong (2001) 87 Cal.App.4th 328, 344.) As the trial court pointed out, defendant's conduct posed the risk of great bodily injuryhe was driving with methamphetamine in his vehicle, and he had an extensive history of driving under the influence and without a license.

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