How have the courts interpreted a probation officer's report on a death penalty application?

California, United States of America

The following excerpt is from People v. Welch, 20 Cal.4th 701, 85 Cal.Rptr.2d 203, 976 P.2d 754 (Cal. 1999):

Defendant first contends that the trial court wrongly relied on the probation officer's report in ruling on the motion. The trial court did indeed state while ruling on the 190.4(e) motion that he had "read and considered" that report. "As we have explained, when the trial court reviews a death penalty verdict under section 190.4, subdivision (e), it is limited to consideration of the evidence presented to the penalty phase jury, which does not include the probation report." (People v. Hawkins, supra, 10 Cal.4th at p.

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