People v. Garcia CA2/6

DISCUSSION

A person who willfully inflicts great bodily injury is not ineligible for probation "[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)(3).) In determining whether the case is unusual, the trial court must consider criteria set forth in rule 4.413(c) of the California Rules of Court.1 We review the trial court's determination whether a case is "unusual" for abuse of discretion. (People v. Stuart (2007) 156 Cal.App.4th 165, 179.) The trial court is presumed to have acted to achieve legitimate sentencing objectives and we reverse 1 Unless otherwise indicated all further rule references are to the California rules of Court. The full criteria for determining whether a case is "unusual" under rule 4.413 are: "(c) Facts showing unusual case The following facts may indicate the existence of an unusual case in which probation may be granted if otherwise appropriate: (1) Facts relating to basis for limitation on probation A fact or circumstance indicating that the basis for the statutory limitation on probation, although technically present, is not fully applicable to the case,…