People v. Harmon CA3

DISCUSSION

Defendant asserts that the trial court abused its discretion because: (1) it acted based on mistaken facts; (2) the burglary was less serious; (3) she was willing to engage in treatment; and (4) she admitted responsibility early in the proceeding. We disagree. A trial court has broad discretion to grant or deny probation, except where otherwise limited by statute, and a decision denying probation will be reversed only upon a clear showing of abuse and that the court acted in a capricious or arbitrary manner. (People v. Marquez (1983) 143 Cal.App.3d 797, 803.) A person convicted of first degree burglary of an inhabited dwelling house is statutorily ineligible for probation unless the

It appears this was meant to be a reference to the review hearing on September 3; defendant does not argue otherwise.

3 court finds unusual circumstances where the interests of justice would best be served by granting probation. (Pen. Code, § 462, subd. (a); People v. Serrato (1988) 201 Cal.App.3d 761, 763.) In determining whether a case is “unusual,” the court may consider “[a] fact or circumstance indicating that the basis for the statutory limitation on probation, although…