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

California, United States of America


The following excerpt is from People v. Taylor, C087561 (Cal. App. 2020):

We review the trial court's ruling for abuse of discretion. (See People v. Ferguson (2011) 194 Cal.App.4th 1070, 1091 ["The decision whether to grant or deny probation is reviewed under the abuse of discretion standard"].) 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. (Cf. People v. Superior Court (Jones) (1998) 18 Cal.4th 667, 680-682 [substantial evidence review of findings of fact regarding juvenile's fitness for treatment under the juvenile court law, and "a determination of fitness resting on a finding unsupported by substantial evidence is necessarily an abuse of discretion"].)

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? (California, United States of America)
Does a juvenile court hearing determine whether a minor should be tried as an adult prior to a determination that the minor's guilt should be determined? (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)
In a motion for joint physical custody of a minor, is the mother's claim that the juvenile court abused its discretion by denying her request for joint custody of the minor? (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 motion for disclosure of 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 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.