California, United States of America
The following excerpt is from People v. Stewart, B293781 (Cal. App. 2019):
First and chiefly, she argues that the court mistakenly believed that it had "no choice" but to terminate her probation, and thus never exercised any discretion in deciding whether to terminate or reinstate her probation. The court's failure to exercise its discretion, defendant concludes, was itself an abuse of discretion. (See People v. Sandoval (2007) 41 Cal.4th 825, 847-848 ["A failure to exercise discretion also may constitute an abuse of discretion."].) For support, she cites Bolian, supra, 231 Cal.App.4th 1415.
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