What is the test for denying probation under Rule 4.414 of the California Probation Guidelines?
California, United States of America
The following excerpt is from The People v. Morgan, C060734, No.07F09437 (Cal. App. 2010):
review the criteria affecting the grant or denial of probation set forth in rule 4.414. The court considers those factors and determines whether to deny probation or consider further the possibility of granting probation. If the court decides to deny probation based on the factors set forth in rule 4.414, a diagnostic evaluation is not required. (People v. Ramirez (2006) 143 Cal.App.4th 1512, 1532.)
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