Does a defendant have grounds to argue that the court improperly considered a probation report containing additional aggravating evidence not before the jury?

Defendant contends the court's remarks "strongly suggest" that the court, in [906 P.2d 56] deciding the modification motion, improperly considered a probation report containing additional aggravating evidence not before the jury. (See, e.g., People v. Wader, supra, 5 Cal.4th at p. 665, 20 Cal.Rptr.2d 788, 854 P.2d 80.) The point is without merit.

First, defendant waived the point by not objecting. (See People v. Hill (1992) 3 Cal.4th 959, 1013, 13 Cal.Rptr.2d 475, 839 P.2d 984.) In any event, the record shows that after the court ruled on the motion, but before formal sentencing, the court indicated that "I have read and considered the probation officer's report." The court made no mention of the report in its lengthy statement of reasons in denying the modification motion, and thus no basis exists for finding any impropriety. (See People v. Lang (1989) 49 Cal.3d 991, 1044, 264 Cal.Rptr. 386, 782 P.2d 627 [trial court "read and considered" presentence report containing inadmissible evidence]; People v. Fudge, supra, 7 Cal.4th at pp. 1127-1128, 31 Cal.Rptr.2d 321, 875 P.2d 36.)