Does a reference to "other matters pending in other counties" in a probation report constitute reliance upon reliance on information contained in the probation report?

California, United States of America


The following excerpt is from People v. Tobia, 159 Cal.Rptr. 376, 98 Cal.App.3d 157 (Cal. App. 1979):

Appellant contends that the reference to "other matters pending in other counties" evidences reliance by the court upon information contained in the above-quoted portions of the probation report with respect to pending matters and arrests which did not result in conviction, and argues that reliance upon these "impermissible factors" deprived him of due process of law under the principles declared in People v. Calloway[98 Cal.App.3d 162] (1974) 37 Cal.App.3d 905, 112 Cal.Rptr. 745, and applied in People v. Romero (1977) 68 Cal.App.3d 543, 137 Cal.Rptr. 675.

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