What is the test for determining whether to grant probation or sentence appellant to state prison?
California, United States of America
The following excerpt is from People v. Lincoln, A148277 (Cal. App. 2016):
We further observe there is a statutory presumption the trial court here exercised her duties appropriately. (Evid. Code, 664; People v. Moran (1970) 1 Cal.3d 755, 762.) In this case, appellant presents no affirmative evidence the trial court applied improper principles in deciding whether to grant probation or sentence appellant to state prison. Without more from appellant, we shall presume the trial court acted properly here.
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