Can a defendant's statement in a probation officer's report be used to establish that he stabbed the victim to death?

California, United States of America


The following excerpt is from People v. Cannan, G040991 (Cal. App. 6/15/2009), G040991. (Cal. App. 2009):

Noting "[t]he prosecution could not have compelled defendant to testify, and thus could not have used defendant's subsequent admission that he stabbed the victim to convict him," and "[o]nce the court accepted his plea, defendant could admit to the probation officer having stabbed the victim without fear of prosecution, because he was clothed with the protection of the double jeopardy clause from successive prosecution for the same offense" (People v. Trujillo, supra, 40 Cal.4th at p. 179), Trujillo concluded "[b]arring the use of a defendant's statement reflected in a probation officer's report . . . is consistent with [the] rule . . . that in determining the nature of a prior conviction, the court may look to the entire record of the conviction, `but no further.' [Citation.] The reason for this limitation [is] to `effectively bar[ ] the prosecution from relitigating the circumstances of a crime committed years ago and thereby threatening the defendant with harm akin to double jeopardy and denial of speedy trial.' [Citation.] Permitting a defendant's statement made in a postconviction probation officer's report to be used against him to establish the nature of the conviction would present similar problems, creating harm akin to double jeopardy and forcing the defendant to relitigate the circumstances of the crime." (Id. at p. 180.)

Other Questions


When a probation officer reports that a defendant has committed a criminal offence under a probation search warrant, does the probation officer have the authority to order an electronic search? (California, United States of America)
When a probation officer's report recommends that a defendant be ordered to pay a restitution fine under a plea bargain, does the probation officer have any notice of intention to aggregate the amount of confinement time? (California, United States of America)
How has the court treated a probation officer's report showing that he failed to report to his probation officer, pay restitution, submit verification of his employment, and attend counseling? (California, United States of America)
Can a probation officer's report be used to determine the sentence of a defendant who has not received a probation report? (California, United States of America)
Is a defendant entitled to an updated probation report because the probation officer mistakenly believed that he was ineligible for probation? (California, United States of America)
What is the test for a probation officer to obtain a probation report from the probation office? (California, United States of America)
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)
Can a Defendant challenge a finding that the victim's statements to police officers were admissible as prior inconsistent statements? (California, United States of America)
Can a defendant rely on a probation report that states that a defendant was convicted of a federal criminal offence and confronted by a police officer? (California, United States of America)
Does a probation officer have an obligation to recommend a sentence based on the probation officer's report? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.