What is the legal test for reinstating probation for a defendant who has breached probation but has not been sentenced to prison?

California, United States of America


The following excerpt is from People v. Taylor, C075628 (Cal. App. 2015):

"We review a probation revocation decision pursuant to the substantial evidence standard of review [citation], and great deference is accorded the trial court's decision, bearing in mind that '[p]robation is not a matter of right but an act of clemency, the granting and revocation of which are entirely within the sound discretion of the trial court.' [Citations.]" (People v. Urke (2011) 197 Cal.App.4th 766, 773.)

"When the initial sentencing court imposes a state prison sentence but stays execution of the sentencing pending completion of probation, on a subsequent violation of probation the court does not have discretion to change the previously indicated sentence. [Citation.] The court does have discretion to reinstate probation. [Citation.] Reinstatement of probation, however, requires a determination by the trial court that the interests of justice so require. [Citation.] What the interests of justice require in a particular case constitutes a question uniquely addressed to the broad judicial discretion of the trial court." (People v. Stuckey (2009) 175 Cal.App.4th 898, 916; see People v. Medina (2001) 89 Cal.App.4th 318, 321-322.)

Other Questions


How have courts reviewed sentencing choices such as the one at issue, whether to reinstate probation or sentence a defendant to prison? (California, United States of America)
What is the legal test for a probation sentence where a defendant has been found guilty of a sexual assault and sentenced to probation? (California, United States of America)
Does a judge have discretionary authority to reinstate probation on the same or modified terms as to revoke probation and sentence a defendant to prison? (California, United States of America)
When a court suspends imposition of sentence and places a defendant on probation but later revokes probation, but later imposes sentence, what is the difference? (California, United States of America)
What are the consequences of a court's decision to reinstate probation or sentence a defendant to prison for abuse of discretion? (California, United States of America)
Does a court have jurisdiction to sentence a defendant to state prison and suspend the execution of the sentence during probation? (California, United States of America)
In a motion to revoke and reinstate probation and remand the matter for further proceedings, what is the difference between a violation of probation and a breach of the probation conditions? (California, United States of America)
What is the difference between a defendant sentenced to prison and a defendant on probation? (California, United States of America)
When will a probation report recommend that a defendant be denied probation and sentenced to two-and-a-half years in prison? (California, United States of America)
What is the test for revoking probation and imposing a prison term on a defendant who has breached the terms and conditions of probation? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.