California, United States of America
The following excerpt is from People v. Ashman, C081356 (Cal. App. 2017):
With respect to whether the trial court erred in refusing to grant probation, a defendant who uses a deadly weapon while committing a crime is statutorily ineligible for probation "[e]xcept in unusual cases where the interests of justice would best be served if the person is granted probation . . . ." ( 1203, subd. (e)(2).) Courts narrowly construe "unusual cases" and "interests of justice," and limit such grants of probation "to those matters in which the crime is either atypical or the offender's moral blameworthiness is reduced." (People v. Superior Court (Dorsey) (1996) 50 Cal.App.4th 1216, 1229; see rule 4.413(c) [setting out criteria which "may" indicate the existence of an unusual case].)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.