Error and/or relief
Following a revocation of probation, the defendant was sentenced to state prison. The trial court erred in not obtaining a probation report before sentencing him. The error was prejudicial. We reverse.
First Holding:
Absent written stipulation (or oral if in open court), the court must refer the matter to probation after probation has been revoked. The preparation of the report of the consideration of the report by the court may be waived only by a written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court, except that a waiver shall not be allowed unless the court consents thereto.
Authority:
PEN 1203(b)(1)
PEN 1203(b)(4)
Second Holding:
The purpose of a probation report is to advise the court of the circumstances surrounding the crime and to provide information about the defendant’s history and record.
Authority:
People v. Llamas (1998) 67 Cal.App.4th 35, 40
Third Holding:
Prejudice is measured under Watson.
Authority:
People v. Watson (1956) 46 Cal.2d 818
People v. Dobbins (2005) 127 Cal.App.4th 176
Fourth Holding:
A stipulation to waive referral to probation must appear in the minutes
Authority:
PEN 1203(b)(4)