Is a defendant entitled to a probation report from the probation officer regardless of whether he is eligible for probation?

California, United States of America


The following excerpt is from People v. Webb, 186 Cal.App.3d 401, 230 Cal.Rptr. 755 (Cal. App. 1986):

2 Nothing in the Rules of Court provides otherwise. Rule 418 provides: "Regardless of the defendant's eligibility for probation, the sentencing judge should refer the matter to the probation officer for a presentence investigation and report." In the Rules of Court the word "should" is advisory only and not mandatory like the word "shall." (Cal. Rules of Court, rule 407, subd. (a).) For the reasons we identified in People v. Foley, supra, 170 Cal.App.3d 1039, 216 Cal.Rptr. 865, a current probation report will often, if not usually, have obvious utility in resentencing and a trial court "should" obtain such a report. Nevertheless, by express statutory provision the trial court has discretion in the matter where the defendant is not eligible for probation and on appeal we may interfere only where that discretion has been abused.

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