What factors were considered in determining whether to grant probation to a convicted rapist?

California, United States of America


The following excerpt is from People v. White, D060969 (Cal. App. 2017):

Although there were various factors favorable to White, which the record shows the court carefully considered and which at one point appeared to sway the court to consider granting probation, in the end the record also shows the court noted this was a presumptive prison case and it found no reason to deviate from that presumption given the seriousness of the crime and the impact of that crime on the victim. On this record, we conclude the court's order denying White probation was not " 'arbitrary or capricious' " or " 'exceed[ed] the bounds of reason considering all the facts and circumstances' " of the case. (People v. Weaver, supra, 149 Cal.App.4th at p. 1311.)

Page 24

The judgment is affirmed.

/s/_________
HUFFMAN, J.

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