What is the test for granting probation to a defendant who has been convicted of a sexual assault?

California, United States of America


The following excerpt is from People v. Groomes, 14 Cal.App.4th 84, 17 Cal.Rptr.2d 469 (Cal. App. 1993):

It is well established that the trial court has broad discretion when it comes to sentencing. (People v. Warner (1978) 20 Cal.3d 678, 683, 143 Cal.Rptr. 885, 574 P.2d 1237.) Likewise, the sentencing court has broad discretion to grant or deny probation except when otherwise limited by statute, and a decision denying probation will be reversed only upon a clear showing that the court exercised its discretion in an arbitrary or capricious manner. (People v. Edwards (1976) 18 Cal.3d 796, 807, 135 Cal.Rptr. 411, 557 P.2d 995.)

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