California, United States of America
The following excerpt is from People v. Latham, C076215 (Cal. App. 2015):
Because of her three prior felony convictions, defendant was presumptively ineligible for probation; a grant of probation is not permissible "[e]xcept in unusual cases where the interests of justice would best be served if the person is granted probation." (Pen. Code, 1203, subd. (e); see id. at subd. (e)(4).) In determining whether a case is "unusual," the trial court uses the criteria listed in rule 4.413(c). Even assuming criteria in rule 4.413(c) exist, the trial court may, but is not required to, find the case to be an unusual one. (People v. Stuart (2007) 156 Cal.App.4th 165, 178.) If the trial court finds the case to be an unusual one, it decides whether to grant probation using the criteria listed in rule 4.414. We apply the abuse of discretion standard in reviewing both determinations. (People v. Superior Court (Du) (1992) 5 Cal.App.4th 822, 831 (Du).)
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