Does a pre-conviction report have to be prepared prior to sentencing due to "unprecedented circumstances" where appellant was under supervision by the custodial authorities at the time of his conviction?
California, United States of America
The following excerpt is from People v. Leon, 2d Crim. No. B253707 (Cal. App. 2015):
circumstances."4 (Cal. Rules of Court, rule 4.411(c) & Advisory Com. com. foll. rule 4.411.) That was not the case here. The pre-conviction report was prepared about 10 months before sentencing, and appellant was "under the watchful eyes of custodial authorities" the entire time. (People v. Dobbins (2005) 127 Cal.App.4th 176, 181.)
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