What is the test for a judge to grant probation to a defendant who has been convicted of a sexual assault?

California, United States of America


The following excerpt is from People v. Schutz, D068484 (Cal. App. 2015):

" 'All defendants are eligible for probation, in the discretion of the sentencing court [citation], unless a statute provides otherwise.' [Citation.] 'The grant or denial of probation is within the trial court's discretion and the defendant bears a heavy burden when attempting to show an abuse of that discretion. [Citation.]' [Citation.] '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.' [Citation.]" (People v. Weaver (2007) 149 Cal.App.4th 1301, 1311, disapproved on another ground as stated in People v. Cook (2015) 60 Cal.4th 922, 939.)

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