California, United States of America
The following excerpt is from People v. Franco, 181 Cal.Rptr.3d 778, 232 Cal.App.4th 831 (Cal. App. 2014):
People v. Webb (1986) 186 Cal.App.3d 401, 409, 230 Cal.Rptr. 755.) Defendant argues, however, that the language in rule 4.414, criteria affecting probation[t]he likelihood that if not imprisoned the defendant will be a danger to othersis sufficiently like the factor to be considered by the trial court under section 1170.126, subdivision (f)whether defendant would pose an unreasonable risk of danger to public safetyto support the conclusion a referral for a supplemental probation report is required. We decline to impose a mandatory duty on the trial court where the statutes and rules of court granting authority for probation reports do not so provide.
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