Is a defendant entitled to a reversal and remand for resentencing because the trial court abused its discretion in denying his request for reinstatement to probation?

California, United States of America


The following excerpt is from People v. Atkins, A147216 (Cal. App. 2017):

Defendant contends he is entitled to a reversal and remand for resentencing because the trial court abused its discretion in denying his request for reinstatement to probation in case number CR937618 and probation in case number CR940634. However, we conclude defendant is not entitled to any relief as he has failed to demonstrate either prejudicial error or an abuse of discretion such that it is reasonably probable that a more favorable sentence would be imposed if we reversed and remanded for resentence. (People v. Osband (1996) 13 Cal.4th 622, 728.)

Assuming without deciding that defendant preserved for appellate review the objections he now raises, " '[t]he grant or denial of probation is within the trial court's discretion and the defendant bears a heavy burden when attempting to show an abuse of that discretion.' " (People v. Weaver (2007) 149 Cal.App.4th 1301, 1311 (Weaver), disapproved on other grounds in People v. Cook (2015) 60 Cal.4th 922, 939.) " 'Our function is to determine whether the trial court's order [denying] . . . probation is arbitrary or capricious or exceeds the bounds of reason considering all the facts and

Page 6

Other Questions


Does the trial court abuse its discretion when it denied a defendant's motion to exclude the testimony of Page 35 of the Defendant's lawyer as more prejudicial than probative? (California, United States of America)
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Does the trial court abuse its discretion by denying a motion for continuance by denying the requested continuance? (California, United States of America)
Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
Does the Attorney General's assertion that appellate courts review probation conditions for abuse of abuse of power, if the issue was raised in the trial court? (California, United States of America)
What is the test for denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (California, United States of America)
Does the court abuse its discretion in denying a defendant's request to testify as an expert on police procedures and civil rights? (California, United States of America)
When a defendant's request to represent himself was granted, when the trial court appointed a defense investigator, legal runner, and standby counsel, as well as granting pro. per. funds and telephone access, is he entitled to reversal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.