What is the consequence of a judge's error in reading and considering a probation report?

I dissent, however, from the judgment as to penalty. It is clear that the trial judge, in acting on defendant's application to modify pursuant to Penal Code section 190.4, subdivision (e), erred in reading and considering a probation report. (See, e.g., People v. Lewis (1990) 50 Cal.3d 262, 287, 266 Cal.Rptr. 834, 786 P.2d 892.) It is also clear that the error was prejudicial. The information contained in the report was particularly damning in that it referred to a number of incidents in defendant's past that could reasonably be interpreted as indicating his inability to benefit from punishment and confinement.