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However, the penal code at that time allowed a defendant to be sentenced to probation. Prosecutors had sought six years in prison for Turner, but probation officials recommended a "moderate" county jail sentence followed by three years of probation and sex offender treatment, the report showed. Persky's sentence followed that recommendation, the commission concluded. In a detailed report that examined each of the major criticisms of Persky's sentence, the commission repeatedly cleared him of misconduct. The complaints accused Persky of abusing his authority, displaying bias and imposing an unlawful sentence, the report said. The types of bias alleged included gender bias against the female victim, racial/socio-economic bias because a non-white defendant would have received a harsher sentence and pro-Stanford bias stemming from the judge's own years as a student and athlete at the elite university near San Francisco. But the commission said the sentence was legal and within the discretion of the judge. Other cases cited as evidence of bias do not stand up to scrutiny, the panel said. In one, Persky did not preside over the sentencing phase of the defendant's trial, and in four others the sentence was the result of a negotiated agreement between the prosecution and the defense.