How has section 1203(e)(3) of the California Probation Guidelines been interpreted and interpreted?
California, United States of America
The following excerpt is from People v. Thompson, (Cal. App. 2013):
discretion." (People v. Gutierrez (2009) 174 Cal.App.4th 515, 527.) The court did not state appellant was presumptively ineligible for probation and, indeed, made no reference to section 1203(e)(3), the "unusual case[]" provision of section 1203, subdivision (e), the probation officer's conclusion on this point, or the parties' arguments regarding section 1203 at the sentencing hearing.6
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