Is a person who uses a firearm while on probation ineligible for probation?

Those who use a firearm while committing a crime are 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).) The courts must 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 usual 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 a decision will not be reversed unless it is " 'so irrational or arbitrary that no reasonable person could agree with it.' " (Id. at p. 179.)

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