What is the test for a defendant seeking to challenge the sentencing of a defendant who has pleaded guilty to a charge of assault with intent to pervert the course of justice?
California, United States of America
The following excerpt is from People v. Guardado, D067628 (Cal. App. 2016):
As we have noted, trial courts have broad discretion to grant or deny probation. (People v. Stuart (2007) 156 Cal.App.4th 165, 178-179.) The defendant challenging the court's discretionary sentencing choice has a heavy burden to show abuse of discretion. (People v. Mehserle (2012) 206 Cal.App.4th 1125, 1157.)
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