What is the test for determining whether a defendant is entitled to probation?

California, United States of America


The following excerpt is from People v. Sedrak, F074522 (Cal. App. 2018):

'"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.'" (People v. Weaver (2007) 149 Cal.App.4th 1301, 1311.) "California courts have long held that a single factor in aggravation is sufficient to justify a sentencing choice ...." (People v. Brown (2000) 83 Cal.App.4th 1037, 1043.)

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