How have the courts treated the probation report in the context of the death penalty?

The trial court here did refer to matters in the probation report that were not before the jury that appellant's trailer "was a virtual arsenal of firearms"; that appellant had purchased a gun to use in these crimes; that appellant had complained about the adequacy of funds for his defense; that defendant had told the probation officer he knew his conduct was wrong but believed it was all right because he was commanded by God to do it; and that such force had been used in tightening the FLEX-CUFs that the cuffs were the size of a wrist.⁵³ We must therefore examine the record "to determine whether the court may have been improperly influenced by material in the report." (People v. Kipp, supra, 18 Cal.4th at p. 383, 75 Cal.Rptr.2d 716, 956 P.2d 1169.) We are assisted in this by the trial court's thorough recitation of the reasons for denying the application to modify the death verdict.