What is the test for determining whether a defendant should be on probation rather than in prison?

California, United States of America

The following excerpt is from People v. Pacheco, F073734 (Cal. App. 2017):

A trial court is required to state its reasons for denying probation and imposing a prison sentence. (Rules 4.406(b)(2); 4.408(a).) Generally, a court satisfies this obligation when it explains why it favored imprisonment over probation. (People v. Mehserle (2012) 206 Cal.App.4th 1125, 1157-1158.) On appeal, we will find abuse of discretion only where there is not sufficient or substantial evidence to support the court's application of the factors. (Weaver, supra, 149 Cal.App.4th at p. 1313.)

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