People v. Nocelotl

Opinion

YEGAN, J.

A negotiated decision specifying that probation would be granted if a diagnostic report (Pen. Code, § 1203.03)1 were “favorable” necessarily incorporates the provisions of section 1203.03 as part of the agreement. This Penal Code section requires the Director of the Department of Corrections and Rehabilitation (Department of Corrections) to make “his” recommendation on whether probation or prison is appropriate. If he, and he alone, recommends that probation be granted, then the report is “favorable.” If he, and he alone, recommends the contrary, it is not “favorable.”

Armando…