No court shall pronounce judgment upon any defendant, as to whom the court has requested a probation report pursuant to Section 1203.10, unless a copy of the probation report has been made available to the court, the prosecuting attorney, and the defendant or his or her attorney, at least two days or, upon the request of the defendant, five days prior to the time fixed by the court for consideration of the report with respect to pronouncement of judgment. The report shall be filed with the clerk of the court as a record in the case at the time the court considers the report.
If the defendant is not represented by an attorney, the court, upon ordering the probation report, shall also order the probation officer who prepares the report to discuss its contents with the defendant. Any waiver of the preparation of the report or the consideration of the report by the court shall be as provided in subdivision (b) of Section 1203, with respect to cases to which that subdivision applies.
The sentence recommendations of the report shall also be made available to the victim of the crime, or the victim’s next of kin if the victim has died, through the district attorney’s office. The victim or the victim’s next of kin shall be informed of the availability of this information through the notice provided pursuant to Section 1191.1.
Notes of Decisions
Cited in
5
cases, 1972–2014 · leading case:
People v. Navarro, 497 P.2d 481 (Cal. 1972).
People v. Navarro, 497 P.2d 481 (Cal. 1972).
“, mandatory consideration of probation report, reception, of evidence in mitigation or aggravation of punishment, Pen. Code, §§ 1203d, 1204). It may limit the use of prescribed sanctions (sentences) to “unusual cases, wherein the interest of justice would best be served, .”
People v. Leffel, 196 Cal. App. 3d 1310 (Cal. Ct. App. 1987).
“Penal Code section 1203d provides in pertinent part: “No court shall pronounce judgment upon any defendant, as to whom the court has requested a probation report pursuant to Section 1203.”
People v. Belton, 84 Cal. App. Supp. 3d 23 (Cal. App. Dep’t Super. Ct. 1978).
“, mandatoiy consideration of probation report, reception of evidence in mitigation or aggravation of punishment, Pen. Code, §§ 1203d, 1204). It may limit the use of prescribed sanctions (sentences) to ‘unusual cases, wherein the interest of justice would best be served, .”
People v. Bradley, No. C066837 (Cal. Ct. App. Dec. 11, 2013).
“” (Pen. Code, § 1203d.) The trial court requested a probation report but no report was received.”
People v. Bradley, No. C066837A (Cal. Ct. App. Apr. 30, 2014).
“” (Pen. Code, § 1203d.) The trial court requested a probation report but no report was received.”
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