What is the test for granting probation to a defendant with a history of mental health problems?

California, United States of America


The following excerpt is from People v. Villegas, 14 Cal.App.3d 700, 92 Cal.Rptr. 663 (Cal. App. 1971):

The matter is therefore reversed and remanded to the trial court with instructions to order a current probation report (People v. Rojas, 57 Cal.2d 676, 682--683, 21 Cal.Rptr. 564, 371 P.2d 300), to make a determination whether defendant's case is unusual and to ascertain whether the district [14 Cal.App.3d 705] attorney concurs in the proposed grant of probation, if such determination is affirmative.

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