California, United States of America
The following excerpt is from People v. Mucetti, D064109 (Cal. App. 2014):
The decision to grant or deny probation is vested in the sound discretion of the trial courts. Such decision will not be overturned on appeal unless the record demonstrates the trial court's " 'decision is so irrational or arbitrary that no reasonable person could agree with it.' " (People v. Stuart (2007) 156 Cal.App.4th 165, 179; People v. Carmony (2004) 33 Cal.4th 367, 377.)
Penal Code section 1203, subdivision (e)(4) provides that "[e]xcept in unusual cases where the interests of justice would be best served if the person is granted probation, probation shall not be granted" to a person with two or more prior felony convictions. The trial court's determination that a case is or is not unusual is reviewed for abuse of discretion. (People v. Superior Court (Du) (1992) 5 Cal.App.4th 822, 831.)
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