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People v. Johnson8/4/2004
within the broad discretion of the trial court and will not be disturbed on appeal except on a showing that the court exercised its discretion in an arbitrary or capricious manner. A court abuses its discretion whenever it exceeds the bounds of reason. Appellate courts will not interfere with the trial court's exercise of discretion when it has considered all the facts bearing on the offense and the defendant to be sentenced. Furthermore, the trial court is not bound by the probation report recommendation. (People v. Downey (2000) 82 Cal.App.4th 899, 909-910.)
Johnson's initial contention that the trial court abused its discretion because it stated on the record that she was to be placed into an inpatient treatment program when in fact she was ordered into an outpatient program is meritless. In the context of this case, any confusion over which type of program Johnson was placed into had no bearing on the trial court's decision whether to leave Johnson on probation. More importantly, the record indicates that the trial court carefully evaluated Johnson's request for probation. The court stated on the record that it tried to find a reason to place Johnson into a treatment program but could not do so in good conscience. The court noted that Johnson endangered the lives of two children, had a high blood-alcohol level, and blamed the accident on a mechanical failure.
Other than the defendant's self-serving statements to the probation officer and at sentencing, there was no other evidence to support Johnson's assertion of mechanical failure. The trial court did not abuse its sentencing discretion in rejecting Johnson's contention. In sum, Johnson has failed to demonstrate that the trial court abused its broad sentencing discretion in rejecting her request for probation or that it acted in an arbitrary or capricious manner.
DISPOSITION
The judgment is affirmed.
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