Does a probation officer have an obligation to recommend a sentence based on the probation officer's report?

California, United States of America

The following excerpt is from The People v. Islas, E049771, Super.Ct.No. RIF150844 (Cal. App. 2010):

A trial court is not obligated to follow the sentencing recommendation in a probation officer's report. (People v. Downey (2000) 82 Cal.App.4th 899, 910.) In the instant case, the trial court explained that the probation officer's report was deficient, in that it did not mention the vandalism defendant committed inside the victims' house. Given the trial court's explanation for disagreeing with the probation report's recommendation, we are not persuaded that the trial court's sentence was unreasonable.

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