What factors will a judge consider in determining whether to grant probation to a young offender who sexually assaulted his victim?

dependent on others to fulfill his or her basic needs for food, clothing, and shelter, has no ability to escape or evade acts of abuse or endangerment whether those acts are intentional or the result of negligence, and is therefore particularly vulnerable. "Circumstances in aggravation," which sentencing courts consider in making a variety of sentencing choices, include whether "The victim was particularly vulnerable." (Rule 4.421(a)(3).) In determining the applicability of this circumstance where a defendant is being sentenced for an "'age range offense,"' "[e]xtreme youth within a given age range might also be viewed as making a victim 'particularly vulnerable' in relation to others within the age range ...." (People v. Ginese (1981) 121 Cal.App.3d 468, 477.) The same applies to a determination of the applicability of rule 4.414(a)(3).

'"The 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. [Citation.]' [Citation.] 'In reviewing [a trial court's determination whether to grant or deny 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.' [Citation.]" (Weaver, supra, 149 Cal.App.4th at p. 1311.) "California courts have long held that a single factor in aggravation is sufficient to justify a sentencing choice ...." (People v. Brown (2000) 83 Cal.App.4th 1037, 1043.)