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


The following excerpt is from Pedro T., In re, 14 Cal.App.4th 453, 17 Cal.Rptr.2d 564 (Cal. App. 1993):

7 We note here that appellant expressly disclaims any reliance upon constitutional due process considerations. We further note in this context that although the notice of intention to aggregate, contained in the subsequent petition, is at best ambiguous with respect to any purported intent to seek a change in any previous computation of confinement time, the probation officer's report listed the maximum confinement time figured by running all terms consecutively, thus providing some notice of the possible action. No objection was made at the hearing to the recomputation, and any objection to notice may therefore be deemed waived. (See People v. Melton (1990) 218 Cal.App.3d 1406, 1409, 267 Cal.Rptr. 640, holding that any error in imposing a restitution fine to which defendant, on a plea bargain, had not expressly agreed, was waived where the probation report recommended that a fine be imposed and defendant failed to object at the hearing.)

Other Questions


Can a probation officer order a restitution order for a defendant who has not objected to the restitution order? (California, United States of America)
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)
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)
What is the test for a probation officer to obtain a probation report from the probation office? (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)
Can a probation officer's report be used to determine the sentence of a defendant who has not received a probation report? (California, United States of America)
What is the effect of a probation officer's recommendation that a defendant should not be placed on reporting probation? (California, United States of America)
Does a probation officer have the authority to order that a defendant must pay restitution to the victim of a crime committed while on probation? (California, United States of America)
Does a probation officer have an obligation to recommend a sentence based on the probation officer's report? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.