Is a defendant who willfully inflicts great bodily injury while committing a crime ineligible for probation?

California, United States of America


The following excerpt is from People v. Hamilton, C079179 (Cal. App. 2016):

A defendant who willfully inflicts great bodily injury 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)(3).) The 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)

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50 Cal.App.4th 1216, 1229; see rule 4.413(c) [setting out criteria which "may" indicate the existence of an unusual case].)

We review for abuse of discretion a trial court's finding as to whether a case is unusual. (People v. Stuart (2007) 156 Cal.App.4th 165, 178.) A trial court has broad discretion to determine whether to grant probation, and that decision will not be reversed on appeal unless it is "so irrational or arbitrary that no reasonable person could agree with it." (Id. at pp. 178-179.)

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