What is the test for abuse of discretion when a defendant is denied probation or sentenced to prison?

California, United States of America


The following excerpt is from People v. Young, E058434 (Cal. App. 2014):

A trial court's decision whether to reinstate probation or sentence a defendant to prison is reviewed for abuse of discretion. (People v. Downey (2000) 82 Cal.App.4th 899, 909.) "'A denial or a grant of probation generally rests within the broad discretion of the trial court and will not be disturbed on appeal except on a showing that the court exercised its discretion in an arbitrary or capricious manner.' [Citation.] A court abuses its discretion 'whenever the court exceeds the bounds of reason, all of the circumstances being considered.' [Citation.]" (Id. at pp. 909-910.)

B. There Was No Abuse of Discretion

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