What is the test for determining whether a defendant is suitable for probation?

California, United States of America


The following excerpt is from People v. Hinton, A140468 (Cal. App. 2015):

"The sentencing court has broad discretion to determine whether an eligible defendant is suitable for probation and, if so, under what conditions." (People v. Carbajal (1995) 10 Cal.4th 1114, 1120.) A sentencing court may impose reasonable terms that it considers "fitting and proper to the end that justice may be done . . . and generally and specifically for the reformation and rehabilitation of the probationer." ( 1203.1 subd. (j).) A trial court abuses its discretion only if its determination is arbitrary or capricious, or exceeds all bounds of reason under the totality of the circumstances. (Carbajal, at p. 1121.)

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