California, United States of America
The following excerpt is from People v. Bentley, B254918 (Cal. App. 2015):
"Sentencing choices[,] such as . . . whether to reinstate probation or sentence a defendant to prison, are reviewed for abuse of discretion. 'A denial or a grant of probation generally rests within the broad discretion of the trial court and will not be disturbed on appeal except on a showing that the court exercised its discretion in an arbitrary or capricious manner.' [Citation.] A court abuses its discretion 'whenever the court exceeds the bounds of reason, all of the circumstances being considered.' [Citation.] We will not interfere with the trial court's exercise of discretion 'when it has considered all facts bearing on the offense and the defendant to be sentenced.' [Citation.]" (People v. Downey (2000) 82 Cal.App.4th 899, 909-910; see also People v. Medina (2001) 89 Cal.App.4th 318, 323 [after probation violation, court's decision to reinstate probation or sentence defendant to prison is matter of discretion].)
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