What is the test for granting probation to a defendant who has previously been convicted of a similar crime?
California, United States of America
The following excerpt is from People v. McBride, B230044 (Cal. App. 2012):
Notes:
1. All further references to statutes are to the Penal Code unless stated otherwise.
2. Section 1203, subdivision (e)(4) prohibits a grant of probation to any person twice previously convicted of a felony.
3. People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero).
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