Can a defendant rely on a probation officer's recommendation for a trial court's consideration?

California, United States of America

The following excerpt is from People v. Conner, C080267 (Cal. App. 2017):

Defendant cites the probation officer's recommendation. But trial courts are not required to follow such recommendations. (People v. Hernandez (1980) 111 Cal.App.3d 888, 898.) Here, the probation report contained both positive and negative criteria and aggravating and mitigating circumstances for the trial court's consideration. The trial court stated it considered the criteria affecting probation before making its ruling. On this record, the trial court did not abuse its discretion when it declined to follow the probation officer's recommendation.

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