What is the test for a judge to sentence a defendant to state prison rather than probation?
California, United States of America
The following excerpt is from People v. Cotton, 230 Cal.App.3d 1072, 284 Cal.Rptr. 757 (Cal. App. 1991):
The record must establish that the trial court understands that two separate and distinct decisions are involved in its sentencing choice: (1) To revoke probation; and (2) to sentence to state prison rather than place the defendant on probation on new or modified conditions. (People v. Hawthorne, supra, 226 Cal.App.3d at p. 795, 277 Cal.Rptr. 85.)
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