What is the test for sentencing a defendant to a reduced sentence and placing him on probation?
California, United States of America
The following excerpt is from People v. Hernandez, 160 Cal.App.3d 725, 206 Cal.Rptr. 843 (Cal. App. 1984):
"It is well established in the law that the severity of the sentence and the placing of defendant on probation rests in the sound discretion of the trial court. [Citation.] It also is fundamental that the law contemplates an exercise of that discretion by the sentencing judge and in the absence of such exercise there has been no lawfully imposed sentence." (People v. Surplice, supra, 203 Cal.App.2d 784, 791, 21 Cal.Rptr. 826.)
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