What is the test for determining whether a probation order is capricious or arbitrary?

California, United States of America


The following excerpt is from People v. Jacks, A126870 (Cal. App. 2011):

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.' [Citation.]" (People v. Weaver (2007) 149 Cal.App.4th 1301, 1311 (Weaver))

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