When a defendant is presumptively ineligible for probation, what is the test to determine whether the presumption against probation has been overcome?

California, United States of America


The following excerpt is from People v. Henning, D065950 (Cal. App. 2015):

When a defendant is presumptively ineligible for probation, the trial court must determine whether the presumption against probation has been overcome using the criteria set forth in rule 4.413. (People v. Superior Court (Du) (1992) 5 Cal.App.4th 822, 830 (Du) [applying former rules 413 and 414, predecessors to rules 4.413 and 4.414].) If the court finds the case to be an unusual one, it must then decide whether to grant probation, utilizing the statutory criteria set forth in rule 4.414. (Ibid.) "[M]ere suitability for probation does not overcome the presumptive bar. . . . [I]f the statutory limitations on probation are to have any substantial scope and effect, 'unusual cases' and 'interests of justice' must be narrowly construed and, as rule [4.413] provides, limited to those matters in which the crime is either atypical or the offender's moral blameworthiness is reduced." (People v. Superior Court (Dorsey) (1996) 50 Cal.App.4th 1216, 1229.)

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