Does a judge have discretion to dismiss a sentence based on a probation report?

California, United States of America


The following excerpt is from People v. Taylor, 55 Cal.App.4th 924, 64 Cal.Rptr.2d 364 (Cal. App. 1997):

We rejected this same argument in People v. Robles (1996) 51 Cal.App.4th 627, 631, 59 Cal.Rptr.2d 400, reasoning that "because the trial court made it plain that it had no discretion to dismiss a serious prior or otherwise exercise sentence discretion, defense counsel had no reason to contest probation report assertions, offer mitigating evidence, have appellants testify, or even argue for a mitigated sentence. Therefore, we believe it inappropriate to review a record which may have been thus skewed and then attempt to predict 'abuse of discretion.' " (Italics added.)

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