Can a judge incorporate a probation officer's report as a statement of reasons on an appeal?

California, United States of America


The following excerpt is from People v. Thornton, 167 Cal.App.3d 72, 212 Cal.Rptr. 916 (Cal. App. 1985):

[167 Cal.App.3d 75] We may infer that the judge meant to incorporate as his reasons the two aggravating factors which he had cited at appellant's original sentencing and which had passed muster on appellant's first appeal. We are aware of no authority which would permit such procedure. (Cf. People v. Turner (1978) 87 Cal.App.3d 244, 150 Cal.Rptr. 807 (trial court's incorporation of probation officer's report did not satisfy statement of reasons requirement).)

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