Is a defendant's failure to object to immediate sentencing an implied waiver of a probation report?

California, United States of America

The following excerpt is from People v. Griffin, C055522 (Cal. App. 3/14/2008), C055522 (Cal. App. 2008):

The People argue defendant's "failure to object to immediate sentencing demonstrates an implied waiver of a pre-sentence probation report." They cite People v. Begnaud (1991) 235 Cal.App.3d 1548 and People v. Tempelis (1964) 230 Cal.App.2d 596 as support for their argument, but overlook that those decisions were issued prior to the 1996 enactment of subdivision (b)(4) of section 1203, which requires waiver of a probation report to be express and on the record.

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