What is the test for determining the result of a judge's sentencing of a defendant on probation?

California, United States of America


The following excerpt is from People v. Mack, F060272 (Cal. App. 2011):

court's action, no judge could have reasonably reached the challenged result. (DiCola v. White Bros. Performance Products, Inc. (2008) 158 Cal.App.4th 666, 679.) A trial court's sentencing choice will constitute an abuse of discretion only when it is clearly shown that the sentencing choice "exceeds the bounds of reason or disregards uncontradicted evidence." (In re Lugo (2008) 164 Cal.App.4th 1522, 1535.)

Probation is an act of clemency and may be withdrawn if the privilege is abused. (People v. Griffith (1984) 153 Cal.App.3d 796, 798.) "Once a probation violation occurs, the trial court has broad discretion in deciding whether to continue or revoke probation." (People v. Jones (1990) 224 Cal.App.3d 1309, 1315.) If the interest of justice so requires, the court may revoke probation when it has reason to believe the person has violated any of the conditions of his or her probation. ( 1203.2, subd. (a).)

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