What is the test for granting probation to a defendant who has committed a criminal offence?
California, United States of America
The following excerpt is from People v. Gomez-Mendez, C088459 (Cal. App. 2020):
"The decision whether to grant or deny probation is reviewed under the abuse of discretion standard." (People v. Ferguson (2011) 194 Cal.App.4th 1070, 1091.) We review for substantial evidence a trial court's factual findings that lead to a decision a defendant is presumptively ineligible for probation. (See People v. Dove (2004) 124 Cal.App.4th 1, 10-11.)
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