Can a defendant waive his right to a written supplemental probation report at the time of sentencing?

California, United States of America


The following excerpt is from People v. Jackson, C078294 (Cal. App. 2016):

"The preparation of [a probation] report or the consideration of the report by the court may be waived only by a written stipulation of the prosecuting and defense attorneys . . . or [by] an oral stipulation in open court that is made and entered upon the minutes of the court." (Pen. Code, 1203, subd. (b)(4).) "To apply the forfeiture doctrine in this context would result in an effective waiver of a probation report in a manner not countenanced by [Penal Code] section 1203, subdivision (b)(4)." (People v. Dobbins (2005) 127 Cal.App.4th 176, 182.) Finding no written or oral stipulation waiving the report in the record, we conclude defendant did not waive his right to a written supplemental probation report at the time of sentencing, nor has he forfeited his right to bring his claim on appeal.

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