Does a judge strike the facts from a probation officer's report that dealt with the facts of a crime of which defendant was convicted?
California, United States of America
The following excerpt is from People v. Kinyon, A141986 (Cal. App. 2015):
At sentencing, the trial court struck the portions of the probation officer's report that dealt with the facts of the dismissed charges, because defendant had not entered a Harvey waiver. (People v. Harvey (1979) 25 Cal.3d 754.) As to the crime of which defendant was convicted, the probation report stated that on September 26, 2013, sheriff's deputies served a search warrant on defendant's residence and property and found four loaded firearms and ammunition.
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