What is the test for a probation officer to investigate and report on a convicted criminal under section 1203 of the California Criminal Code?

California, United States of America

The following excerpt is from People v. Peddell, B241498 (Cal. App. 2013):

"[I]f a person is convicted of a felony and is eligible for probation, before judgment is pronounced, the court shall immediately refer the matter to a probation officer to investigate and report to the court, at a specified time, upon the circumstances surrounding the crime and the prior history and record of the person, which may be considered either in aggravation or mitigation of the punishment." (Pen. Code, 1203, subd. (b)(1).) Waiver of the right to such a probation report must be pursuant to an oral or written stipulation. (People v. Dobbins (2005) 127 Cal.App.4th 176, 182.)

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What is the test for a probation officer to investigate and report on a convicted criminal under section 1203 of the California Criminal Code?

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