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

California, United States of America


The following excerpt is from People v. Taylor, C087561 (Cal. App. 2020):

We review the trial court's ruling for abuse of discretion. (See People v. Ferguson (2011) 194 Cal.App.4th 1070, 1091 ["The decision whether to grant or deny probation is reviewed under the abuse of discretion standard"].) 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. (Cf. People v. Superior Court (Jones) (1998) 18 Cal.4th 667, 680-682 [substantial evidence review of findings of fact regarding juvenile's fitness for treatment under the juvenile court law, and "a determination of fitness resting on a finding unsupported by substantial evidence is necessarily an abuse of discretion"].)

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