Does a sentencing or probation hearing need to have the same procedural safeguards as a trial?
California, United States of America
The following excerpt is from People v. Garcia, C077821 (Cal. App. 2016):
While a sentencing or probation hearing is not required to have the same procedural safeguards required at trial, such a hearing violates due process if it is fundamentally unfair. (People v. Peterson (1973) 9 Cal.3d 717, 726.) Fundamental unfairness may arise if a court relies on factually erroneous sentencing reports or other
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