When will a defendant's argument that denying him probation was an abuse of discretion?

California, United States of America


The following excerpt is from People v. Townsend, C051037 (Cal. App. 4/30/2007), C051037 (Cal. App. 2007):

For the same reasons, we reject defendant's argument that denying him probation was an abuse of discretion. "The sentencing court has broad discretion to determine whether an eligible defendant is suitable for probation . . . ." (People v. Carbajal (1995) 10 Cal.4th 1114, 1120.) "[I]n the absence of a clear showing that its sentencing decision was arbitrary or irrational, a trial court should be presumed to have acted to achieve legitimate sentencing objectives . . . ." (People v. Giminez (1975) 14 Cal.3d 68, 72.)

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