California, United States of America
The following excerpt is from People v. Hobart, D070172 (Cal. App. 2017):
The trial court enjoys broad discretion in matters involving probation and sentencing, and the party challenging a decision to grant or deny probation bears the burden of establishing the court abused its discretion. (People v. Catalan (2014) 228 Cal.App.4th 173, 179.) " '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.
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Our function is to determine whether the trial court's order ... 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 (Weaver), disapproved on another ground in People v. Cook (2015) 60 Cal.4th 922, 934-935.)
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