California, United States of America
The following excerpt is from People v. Egle, C057778 (Cal. App. 7/17/2008), C057778 (Cal. App. 2008):
In reviewing a decision whether to grant probation, "`it is not our function to substitute our judgment for that of the trial court. Our function is to determine whether the trial court's order granting [or denying] probation is arbitrary or capricious or exceeds the bounds of reason considering all the facts and circumstances.'" (People v. Weaver (2007) 149 Cal.App.4th 1301, 1311.)
The defendant bears a heavy burden when attempting to show an abuse of discretion in denying probation. (People v. Marquez (1983) 143 Cal.App.3d 797, 803.) "In the absence of such a showing, the trial court is presumed to have acted to achieve legitimate sentencing objectives, and its discretionary determination to impose a particular sentence will not be set aside on review." (People v. Superior Court (Du) (1992) 5 Cal.App.4th 822, 831.)
In the present matter, we find no abuse of discretion in denying probation.
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