How has the court considered the probation report and recommendation of the probation officer?

California, United States of America


The following excerpt is from People v. Nunerly, B251582 (Cal. App. 2014):

The trial court's and trial counsel's comments at the hearing indicate the trial court was well aware of appellant's background with respect to the grant of probation, the contents of the supplemental probation report and the recommendation of the probation officer. ( 1203, subd. (b)(3),4 cf. 1203 [no provision for explicit statement the trial court has considered the probation report where modification, as compared to revocation, is contemplated]; People v. Gorley (1988) 203 Cal.App.3d 498, 506-507 [the purpose of a certification trial court has read and considered the probation report is served where the record otherwise clearly shows the court had read the probation report or considered the pertinent information provided therein].)

Page 7

The order of September 11, 2013, is affirmed.

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