Is there any case law where a defendant has argued that his sentence was based on an incorrect sentencing report?
California, United States of America
The following excerpt is from People v. Valentine, A156110 (Cal. App. 2020):
Valentine further argues that the trial court made certain factual assertions that were not supported by the record, thereby denying him due process. (See People v. Eckley (2004) 123 Cal.App.4th 1072, 1080 ["A court's reliance, in its sentencing and probation decisions, on factually erroneous sentencing reports or other incorrect or unreliable information can constitute a denial of due process"].) We disagree.
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