California, United States of America
The following excerpt is from People v. Torres, D063150 (Cal. App. 2015):
That another court may have reached a different conclusion does not demonstrate an abuse of discretion. In reviewing a trial court's denial of probation, " 'it is not our function to substitute our judgment for that of the trial court. Our function is to determine whether the trial court's order granting [or denying] probation is arbitrary or capricious or exceeds the bounds of reason considering all the facts and circumstances.' " (People v. Weaver (2007) 149 Cal.App.4th 1301, 1311.) We cannot conclude the court's denial of probation was " 'arbitrary or capricious' " or that it exceeded " 'the bounds of reason.' " (Ibid.)
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