People v. Slater

Opinion

WHITE, P. J.

Larry Slater appeals from the judgment imposed following his plea of guilty to one count of sexual battery (Pen. Code, § 243.4, subd.

[874]

(a).) The trial court sentenced appellant to the midterm of three years in state prison. We affirm the judgment.

In April of 1988, the People charged appellant with the forcible rape of a mentally handicapped 29-year-old neighbor. (Pen. Code, § 261, subd. (2).) In July of 1988, the People offered to dismiss that charge on condition that appellant plead guilty to sexual battery. Appellant accepted the bargain. Since his criminal record was de minimis, appellant hoped for probation.

When the probation department submitted the presentence report, appellant discovered the department recommended he receive the midterm sentence. In response, appellant filed a statement in support of probation. In this statement appellant remarked that the probation department had received 11 letters urging probation for appellant and that, in violation of California Rules of Court, rule 419(a)(7),

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the department failed to attach any of these

letters to

the presentence report. The court denied the application for probation.

On appeal, appellant contends the probation department’s failure to attach the 11 reference letters resulted in such prejudice to appellant as to necessitate a remand for resentencing.

According to rule 419(a), a probation officer’s presentence investigation report shall include at least the following: “(7) Collateral information including written statements from:. . . (ii) interested persons, including family members and others who have written letters concerning the defendant.”

Contrary to appellant’s contention, rule 419(a) does not require the presentence report to include actual letters written on behalf of the defendant. The officer fulfills rule 419(a)(7) requirements by summarizing the contents of written statements from interested persons in his own written presentence report.