What are the mitigating and aggravating factors in determining whether probation is mandated in a sexual assault case?

California, United States of America


The following excerpt is from People v. Spear, D071683 (Cal. App. 2017):

birthday when the sexual activity occurred. These factors were presented to the trial court. The trial court weighed these factors, but ultimately concluded that probation was not appropriate. Spear asserts this was the wrong conclusion. Essentially, Spear asks us to reweigh the mitigating and aggravating factors and conclude probation is mandated. We cannot do so. (See People v. Superior Court (Du) (1992) 5 Cal.App.4th 822, 825 ["In reviewing [a trial court's determination whether to grant or deny probation,] it is not our function to substitute our judgment for that of the trial court. Our function is to determine whether the trial court's order granting [or denying] probation is arbitrary or capricious or exceeds the bounds of reason considering all the facts and circumstances."].) On the record before us, we cannot say the trial court's denial of probation was arbitrary, capricious, or exceeded the bounds of reason.

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