California, United States of America
The following excerpt is from People v. Anderson, A143461 (Cal. App. 2016):
Defendant makes several arguments to support his abuse of discretion argument. First, he points out that, as at least one court has commented, the probation department, acting as a neutral source of information, plays the "most prominent role in informing the court of defendant's history and available sentencing options in pronouncing judgment." (People v. Stuckey (2009) 175 Cal.App.4th 898, 912-913.) This point is not significant because, as the People point out, the same case indicates a probation department's recommendations are advisory in nature "and may be rejected in toto" by the sentencing court. (People v. Server (1981) 125 Cal.App.3d 721, 728.)
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