When a statute renders a defendant presumptively ineligible for probation, how does the court determine whether the presumption against probation is overcome?

California, United States of America


The following excerpt is from People v. Hart, A151904 (Cal. App. 2018):

When a statute renders a defendant presumptively ineligible for probation, a court determines whether the presumption against probation is overcome pursuant to the criteria set forth in rule 4.413. The existence of a factor set out in rule 4.413 may indicate the existence of an unusual case, but such a finding is permissive, not mandatory; i.e., " '[t]he trial court may but is not required to find the case unusual if the relevant criterion is met under each of the subdivisions.' " (People v. Stuart (2007) 156 Cal.App.4th 165, 178.)

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