What is the test for granting probation to a defendant convicted of battery resulting in serious injury?

A trial court has broad discretion to grant or deny probation, except where otherwise limited by statute, and a decision denying probation will be reversed only upon a clear showing of abuse and that the court acted in a capricious or arbitrary manner. (People v. Marquez (1983) 143 Cal.App.3d 797, 803.) A person convicted of battery

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resulting in serious injury is statutorily ineligible for probation unless the court finds unusual circumstances where the interests of justice would best be served by granting probation. ( 1203, subd. (e)(3).) In determining whether a case is "unusual," the court may consider whether the circumstances of the crime were "substantially less serious than the circumstances typically present in other cases involving the same probation limitation, and the defendant has no recent record of committing similar crimes or crimes of violence." (Cal. Rules of Court, rule 4.413(c)(1)(A).) The court may also consider whether a defendant is youthful with no significant record of criminal conduct. (Cal. Rules of Court, rule 4.413(c)(2)(C).) Mere suitability for probation does not overcome the presumption against probation; if the statutory limitations on probation are to have any substantial scope and effect, " ' "unusual cases" ' " and " ' "interests of justice" ' " must be narrowly construed. (People v. Stuart (2007) 156 Cal.App.4th 165, 178.)