Does the contrary rule of the Probation Guidelines apply to a defendant's probation report?

California, United States of America


The following excerpt is from People v. Santana, 134 Cal.App.3d 773, 184 Cal.Rptr. 733 (Cal. App. 1982):

"The contrary rule would deprive the People of the opportunity to cure the defect at trial and would 'permit the defendant to gamble on an acquittal at his trial secure in the knowledge that a conviction would be reversed on appeal.' " (People v. Rogers, supra, 21 Cal.3d at 548, 146 Cal.Rptr. 732, 579 P.2d 1048.) [134 Cal.App.3d 786] If the rule were otherwise an appellant could utilize the good features of a probation report at a probation and sentence hearing, and lay back without objecting to alleged defects in the taking of the probation report, secure in the knowledge that such defects could be raised for the first time on appeal, thus insuring to defendant a second bite at receiving a "favorable" sentence.

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