What is the test for determining whether a defendant has been granted probation?

California, United States of America


The following excerpt is from People v. Duenas, A143481 (Cal. App. 2015):

" 'The grant or denial of probation is within the trial court's discretion and the defendant bears a heavy burden when attempting to show an abuse of that discretion.' " (People v. Weaver (2007) 149 Cal.App.4th 1301, 1311 (Weaver), disapproved of on other grounds by People v. Cook (2015) 60 Cal.4th 922.) " 'Our function is to determine whether the trial court's order granting [or denying] probation is arbitrary or capricious or exceeds the bounds of reason considering all the facts and circumstances.' " (Ibid.) "[I]n determining whether a trial court abused its discretion by denying probation, we consider,

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