Is a decision whether to grant or deny probation based on an abuse of discretion standard?

California, United States of America


The following excerpt is from People v. Roman, F063876, F064289 (Cal. App. 2013):

14. "The decision whether to grant or deny probation is reviewed under the abuse of discretion standard. [Citations.] 'An order denying probation will not be reversed in the absence of a clear abuse of discretion. [Citation.] In reviewing the matter on appeal, a trial court is presumed to have acted to achieve legitimate sentencing objectives in the absence of a clear showing the sentencing decision was irrational or arbitrary. [Citations.]' [Citation.]" (People v. Ferguson, supra, 194 Cal.App.4th at p. 1091.) We note the trial court's denial of probation in this case was neither irrational nor arbitrary. There was no abuse of its discretion.

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