People v. Grimble

Opinion

BOREN, J.

—The sole issue presented on this appeal is whether the trial court has a mandatory duty to order on its own motion a supplemental probation report prior to resentencing after a remand from the Court of Appeal. We hold that the trial court has discretion to proceed on the previous probation report and find that there was no abuse of discretion in the instant matter.

Procedural Background

In 1980, appellant was convicted of one count of kidnapping (Pen. Code, § 209, subd. (b)), three counts of robbery (Pen. Code, § 211), and one count each of rape (Pen. Code, § 261, subd.…