Does a reporter's transcript show that the probation report was read by the trial judge?

California, United States of America


The following excerpt is from People v. Williams, 223 Cal.App.2d 676, 35 Cal.Rptr. 805 (Cal. App. 1963):

The reporter's transcript does not expressly show that the probation report was read by the trial judge, and no oral statement by that judge that he had read and considered the report appears in the record. It is true that the transcript does show clearly that the entire file, which included the probation report, was before the court, and that he referred to it in his discussion with counsel. But that is not enough. The making of the statutory statement is mandatory; and, even though we may conclude that the report had, in fact, been read and considered, the court was without power to deny probation or to impose sentence unless and until it had expressly, and in the statutory language, stated on the record or in writing that he had so read and considered the report. (People v. Rojas, supra, (1962) 57 Cal.2d 676, 681, 21 Cal.Rptr. 564, 371 P.2d 300.)

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