California, United States of America
The following excerpt is from The People v. Ponce, E048849, Super.Ct.No. RIF131937 (Cal. App. 2010):
"Probation is an act of leniency, not a matter of right. [Citations.]" (People v. Walmsley (1985) 168 Cal.App.3d 636, 638.) "'The decision to grant or deny probation requires consideration of all the facts and circumstances of the case. [Citation.]' [Citation.]" (People v. Weaver (2007) 149 Cal.App.4th 1301, 1312.) "'A denial or a grant of probation generally rests within the broad discretion of the trial court and will not be disturbed on appeal except on a showing that the court exercised its discretion in an arbitrary or capricious manner.' [Citation.] A court abuses its discretion 'whenever the court exceeds the bounds of reason, all of the circumstances being considered.' [Citation.]" (People v. Downey (2000) 82 Cal.App.4th 899, 909-910.)
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