Can a defendant who refused to submit to an interview by his probation officer at his sentencing hearing be found to have waived his probation?

California, United States of America


The following excerpt is from People v. Santana, 134 Cal.App.3d 773, 184 Cal.Rptr. 733 (Cal. App. 1982):

In People v. Lutz (1980) 109 Cal.App.3d 489, 167 Cal.Rptr. 309 the court stated at 496, 167 Cal.Rptr. 309: "Defendant was given an opportunity to be interviewed by the probation officer and to offer explanations and comments concerning the present offense as well as his prior encounters with the law. Defendant refused to be so interviewed when requested to submit to an interview by the probation officer.... In addition, and more importantly, the record of the sentencing hearing indicates that at no time did the defendant or his counsel make any request or move the court in any way to permit them to present material or witnesses to rebut any of the statements in the probation report. Under such circumstances, defendant cannot now complain of any comments in the probation report, as such conduct constitutes a waiver on the part of defendant." Lutz at pages 497-498, 167 Cal.Rptr. 309 also holds:

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