What is the test for granting probation to a defendant who has pleaded guilty to a charge of assault with intent to pervert the course of justice?

Defendant concedes he is presumptively ineligible for probation because he used a firearm upon the victim when committing his offense. Where this presumption applies, a court should grant probation only if it finds the case at hand is "unusual" in that "the interests of justice would best be served if the [defendant] is granted probation . . . ." ( 1203, subd. (e)(2).) "In determining whether the statutory limitation on probation has been overcome, the court is required to use the criteria set forth in California Rules of Court, rule 413. If the court finds the case to be an unusual one, it must then decide whether to grant probation, utilizing the statutory criteria set forth in California Rules of Court, rule 414." (People v. Superior Court (Du) (1992) 5 Cal.App.4th 822, 830 (Du).)⁵

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