People v. Yun Ko Tang

Opinion

LAMBDEN, J.

Penal Code section 1203.03 empowers a sentencing court to temporarily commit a convicted felon to a diagnostic facility of the Department of Corrections for a report containing a “diagnosis and recommendation concerning the disposition of the defendant’s case.” (Pen. Code, § 1203.03, subd. (b).) (All further statutory references are to the Penal Code, unless otherwise indicated.) This case presents the question whether such a report, when prepared pursuant to a negotiated plea, binds the court to accept the recommended disposition under circumstances where defendant contends…