What is the test for granting probation in a criminal case?
California, United States of America
The following excerpt is from People v. Nakamura, A150515 (Cal. App. 2018):
permissive, not mandatory.' [Citation.] '[T]he trial court may but is not required to find the case unusual if the relevant criterion is met under each of the subdivisions.' [Citation.] [] 'The standard for reviewing a trial court's finding that a case may or may not be unusual is abuse of discretion.' [Citation.] The trial judge's discretion in determining whether to grant probation is broad. [Citation.] '[A] " 'decision will not be reversed merely because reasonable people might disagree.' " ' " (People v. Stuart (2007) 156 Cal.App.4th 165, 178-179.) That some of the listed factors were present did not require the trial court to find this was an unusual case. In light of all the circumstances, appellant has not shown an abuse of discretion.
The judgment is affirmed.
Page 15
/s/_________
SIMONS, J.
We concur.
/s/_________
JONES, P.J.
/s/_________
BRUINIERS, J.
Footnotes:
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