Is there any evidence in the record that the court failed to consider all relevant criteria including appellant's personal characteristics when deciding whether to grant or deny probation?

California, United States of America


The following excerpt is from People v. Diaz, A133056 (Cal. App. 2015):

Accordingly, there is simply no evidence in the record that the court failed to consider all relevant criteria, including appellant's personal characteristics. (See rule 4.409 ["Relevant criteria enumerated in these rules must be considered by the sentencing judge, and will be deemed to have been considered unless the record affirmatively reflects otherwise"]; accord, People v. Weaver, supra, 149 Cal.App.4th at p. 1313 ["Unless the record affirmatively shows otherwise, a trial court is deemed to have considered all relevant criteria in deciding whether to grant or deny probation or in making any other discretionary sentencing choice"].)

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