Can a probation report be relied upon to prove that appellant served a separate prison term for a prior conviction for possession of a controlled substance for sale?

California, United States of America


The following excerpt is from People v. Reid, 133 Cal.App.3d 354, 184 Cal.Rptr. 186 (Cal. App. 1982):

Appellant's contention cannot prevail because the record in the instant case clearly indicates appellant served a separate prison term for his 1978 felony conviction alleged in the information. First, the information alleged he was incarcerated. Second, the record establishes appellant was on parole from the prior conviction at the time he committed the instant offenses. The probation report was before the trial court, and is included in the record before this court. The probation report indicated that on May 5, 1978, appellant was convicted of possession of a controlled substance for sale and that he was sentenced to from five to fifteen years. The record indicates he was paroled to Stanislaus County on June 5, 1979. Appellant had in fact served a prior separate prison term within the meaning of Penal Code section 667.5. This case is similar to People v. Martinez, supra, 109 Cal.App.3d 851, 167 Cal.Rptr. 477. There the court held that the defect in the information was remedied by the "official documents" before the court. (Id., at p. 856, 167 Cal.Rptr. 477) Such is the circumstance in the instant case. The information contained in appellant's probation report before the trial court below remedied any defect in the information.

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