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Trial Court Has Wide Discretion in a Violation of Probation Case

The decision whether to grant or deny probation rests “within the sound discretion of the judge who hears the case.”State v. Killpack, 2008 UT 49, 59, 191 P.3d 17. The judge’s ruling will stand unless it can be shown on appeal that the sentence met one or more of the following standards:

  • Exceeded statutory limits
  • Failed to take into account all legally relevant factors
  • Was so inherently unfair as to constitute abuse of discretion
  • Was a clearly excessive sentence

On appeal, the higher court will not disturb the sentence and find the trial court abused its discretion, unless it can be said that no reasonable person would take the view adopted by the trial court. State v. Wright, 893 P.2d 1113, 1120 (Utah Ct.App.1995).

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