What is the test for determining whether a judge abused his discretion by denying probation?

California, United States of America


The following excerpt is from The People v. Torres, C062055, No. 08-5474 (Cal. App. 2010):

"'The circumstances utilized by the trial court to support its sentencing choice need only be established by a preponderance of the evidence. [Citations.]' [Citation.] Accordingly, in determining whether a trial court abused its discretion by denying probation, we consider, in part, whether there is sufficient, or substantial, evidence to support the court's finding that a particular factor was applicable." (People v. Weaver, supra, 149 Cal.App.4th at p. 1313.) However, a trial court does not abuse its discretion unless its decision is so irrational or arbitrary that no reasonable person could

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agree with it, and this court is neither authorized nor warranted in substituting our judgment for that of the trial judge. (People v. Carmony (2004) 33 Cal.4th 367, 376-377.)

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