Does Section 1203 of the California Probation Act require the preparation of a probation report?

Defendant maintains, and the People concede, that section 1203 required the preparation of a probation report because defendant was eligible for reinstatement on probation. ( 1203, subd. (b)(1).) Preparation of a report "may be waived only by a written stipulation of the prosecuting and defense attorneys... or an oral stipulation in open court...." ( 1203, subd. (b)(4).) Where the parties differ is whether this failure to comply with the statute was prejudicial. (People v. Dobbins (2005) 127 Cal.App.4th 176, 182 ["we shall not reverse unless there is a reasonable probability of a result more favorable to defendant" if report had been prepared].)

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