"Probation is an act of clemency that is granted only in the discretion of the judge." (People v. Read (1990) 221 Cal.App.3d 685, 689.) "'The decision to grant or deny probation requires consideration of all the facts and circumstances of the case.' . . ." (People v. Weaver (2007) 149 Cal.App.4th 1301, 1312.) California Rules of Court Rule 4.414 sets forth factors relevant to the trial court's decision, including factors relating to the crime and factors relating to the defendant. Factors relating to the crime include: "(1) The nature, seriousness, and circumstances of the crime as compared to other instances of the same crime; (2) Whether the defendant was armed with or used a weapon; (3) The vulnerability of the victim; (4) Whether the defendant inflicted physical or emotional injury; (5) The degree of monetary loss to the victim; (6) Whether the defendant was an active or a passive participant; (7) Whether the crime was committed because of an unusual circumstance, such as great provocation, which is unlikely to recur; (8) Whether the manner in which the crime was carried out demonstrated criminal sophistication or professionalism . . . ; (9) Whether the defendant took advantage of a position of trust or confidence to commit the crime." (Rule 4.414(a).) Factors relating to the defendant include: "(1) Prior record of criminal conduct . . . including the recency and frequency of prior crimes; and whether the prior record indicates a pattern of regular or increasingly serious criminal conduct; (2) Prior performance on probation or parole and present probation or parole status; (3) Willingness to comply with the terms of probation; (4) Ability to comply with reasonable terms of probation as indicated by the defendant's age, education, health, mental faculties, history of alcohol or other substance abuse, family background and ties, employment and military service history, and other relevant factors; (5) The likely effect of imprisonment on the defendant and his or her dependents; (6) The adverse collateral consequences on the defendant's life resulting from the felony conviction; (7) Whether the defendant is remorseful; (8) The likelihood that if not imprisoned the defendant will be a danger to others." (Rule 4.414(b).) "'The grant or denial of probation is within the trial court's discretion and the defendant bears a heavy burden when attempting to show an abuse of discretion.' . . . 'In reviewing the determination 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 . . . is arbitrary or capricious or exceeds the bounds of reason considering all the facts and circumstances.'" (People v. Weaver, supra, 149 Cal.App.4th at p. 1311.)