How have the courts used the probation report to establish a defendant's intent to inflict grievous bodily harm on a minor?

California, United States of America

The following excerpt is from People v. Crockett, 184 Cal.Rptr.3d 242, 234 Cal.App.4th 642 (Cal. App. 2015):

⁵ To establish defendant's intent to inflict great bodily injury on the teenager during the commission of his offenses against the female victim, the People also cite to the probation report in case No. C061217. While it was presumably competent for the prosecutor's purpose of establishing defendant's criminal history (in the absence of objection from defendant), it is not part of the record of conviction that can establish the nature of defendant's commitment offense. (People v. Trujillo (2006) 40 Cal.4th 165, 179180, 51 Cal.Rptr.3d 718, 146 P.3d 1259.)
⁵ To establish defendant's intent to inflict great bodily injury on the teenager during the commission of his offenses against the female victim, the People also cite to the probation report in case No. C061217. While it was presumably competent for the prosecutor's purpose of establishing defendant's criminal history (in the absence of objection from defendant), it is not part of the record of conviction that can establish the nature of defendant's commitment offense. (People v. Trujillo (2006) 40 Cal.4th 165, 179180, 51 Cal.Rptr.3d 718, 146 P.3d 1259.)

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