What is the test for determining whether a judge abused his discretion by denying probation?

California, United States of America


The following excerpt is from The People v. Torres, C062055, No. 08-5474 (Cal. App. 2010):

"'The circumstances utilized by the trial court to support its sentencing choice need only be established by a preponderance of the evidence. [Citations.]' [Citation.] Accordingly, in determining whether a trial court abused its discretion by denying probation, we consider, in part, whether there is sufficient, or substantial, evidence to support the court's finding that a particular factor was applicable." (People v. Weaver, supra, 149 Cal.App.4th at p. 1313.) However, a trial court does not abuse its discretion unless its decision is so irrational or arbitrary that no reasonable person could

Page 11

agree with it, and this court is neither authorized nor warranted in substituting our judgment for that of the trial judge. (People v. Carmony (2004) 33 Cal.4th 367, 376-377.)

Other Questions


What is the test for abuse of discretion in determining whether a judge abused discretion in finding that a plaintiff's photographs were prejudicial? (California, United States of America)
What is the test for determining whether a judge abused his discretion by denying probation? (California, United States of America)
What is the test for determining whether a judge abused his discretion by denying probation to a minor? (California, United States of America)
What are the statutory factors used to determine whether a judge should exercise his discretion in determining whether or not to grant an e-commerce licence? (California, United States of America)
What is the test for determining whether a judge has abused his discretion in making a decision in a personal injury case? (California, United States of America)
What is the test for determining whether a court abused its discretion in denying a defendant's motion for disclosure of police personnel records? (California, United States of America)
What is the test for determining whether a court abused its discretion in denying a defendant's motion Page 15 for disclosure of police personnel records? (California, United States of America)
What is the test for denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (California, United States of America)
What is the test for determining whether a court abused its discretion in denying a motion for disclosure of personnel records? (California, United States of America)
What is the test for determining whether a court abused its discretion in denying a defendant's motion for disclosure of police personnel records? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.