Is alcoholism a recognized mental condition for purposes of rule 4.413(c)(2)?
California, United States of America
The following excerpt is from People v. Quach, C079955 (Cal. App. 2016):
First, even if, as defendant contends, alcoholism was a recognized mental condition for purposes of rule 4.413(c)(2), this would not have automatically qualified defendant for probation. Rule 4.413's provisions are " 'permissive, not mandatory,' " and the court " 'may but is not required to find the case unusual if the relevant criterion is met under each of the subdivisions.' " (People v. Stuart, supra, 156 Cal.App.4th at p. 178.)
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