Does defendant have a burden of showing that the trial court did not abuse its discretion in finding that the circumstances of the case were not unusual?

California, United States of America


The following excerpt is from People v. Harmon, C075608 (Cal. App. 2014):

Here, defendant has not carried her burden of showing that the trial court abused its discretion in finding that the circumstances of the case were not unusual. First, defendant's contention that the trial court failed to make an individualized sentencing determination is meritless. At sentencing, the court stated: "Her own conduct is what's causing me to not make the unusual case finding." That the trial court cited specific instances of defendant's conduct shows that this was an "individualized" determination. (See People v. Stuart, supra, 156 Cal.App.4th at p. 178.) The trial court did not abuse its discretion in its analysis of defendant's conduct as the basis for denying probation.

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