How has the probation officer treated the responses of a probation officer to a defendant's references?

California, United States of America


The following excerpt is from People v. Odom, 68 Cal.Rptr. 255 (Cal. App. 1968):

The persons whose names were given as references by the defendant did not have their responses included as exhibits in the probation officer's report itself, but the letters that did come in prior to sentencing were forwarded to the judge, through the clerk's office, or were in the process of being forwarded and were referred to by the probation officer in oral testimony prior to the pronouncement of the sentence. This is an acceptable procedure (People v. Valdivia, 182 Cal.App.2d 145, 5 Cal.Rptr. 832), and the probation officer indicated that the contents of the late reports would not have changed his opinion. Furthermore, appellant could have presented evidence in mitigation of the sentence if he felt that the report was inadequate or misleading. (Pen.Code 1204; People v. Valdivia, supra.) Appellant chose not to do this. And counsel for the People and appellant stipulated that the persons whose names have been given by the defendant to the probation officer for a solicitation of their viewpoint would testify that defendant was a man of good character and not known to be violent.

Page 263

Other Questions


When a probation officer reports that a defendant has committed a criminal offence under a probation search warrant, does the probation officer have the authority to order an electronic search? (California, United States of America)
What is the test for a probation officer to issue a letter to a defendant's probation officer? (California, United States of America)
How has the court treated a probation officer's report showing that he failed to report to his probation officer, pay restitution, submit verification of his employment, and attend counseling? (California, United States of America)
When can a probation officer, parole officer, or peace officer revoke probation and rearrest a person? (California, United States of America)
Can a probation officer obtain access to a defendant's social media accounts without the consent of his probation officer? (California, United States of America)
Is a defendant entitled to a probation report from the probation officer regardless of whether he is eligible for probation? (California, United States of America)
Is a defendant entitled to an updated probation report because the probation officer mistakenly believed that he was ineligible for probation? (California, United States of America)
When a probation officer's report recommends that a defendant be ordered to pay a restitution fine under a plea bargain, does the probation officer have any notice of intention to aggregate the amount of confinement time? (California, United States of America)
What is the test for a probation officer to obtain a probation report from the probation office? (California, United States of America)
What is the sole argument raised by defendant on appeal against his probation for failing to report to his probation officer? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.