Can a probation officer conduct a presentence interview in the context of the trial of guilt or innocence?

The milieu in which this probation report was prepared and used is different from the trial of guilt or innocence. 'In [259 Cal.App.2d 824] considering defendant's criticism it must be borne in mind that the guilt of a defendant is not an issue in a probation officer's report.' (People v. Valdivia (1960) 182 Cal.App.2d 145, 148, 5 Cal.Rptr. 832, 834; accord. People v. Cross (1963) 213 Cal.App.2d 678, 683, 28 Cal.Rptr. 918.) 'The purpose of the interview was not to obtain a confession or damaging statements.' (People v. Garcia (1966) 240 Cal.App.2d 9, 12, 49 Cal.Rptr. 146, 148, 15 A.L.R.3d 1352.) The presentence investigation interview by a probation officer is not an

Page 558