In this case, we hold a supplemental presentence probation report must be prepared for use at a defendant's resentencing following an appeal, even where the defendant is ineligible for probation. In so holding, we disapprove a footnote to the contrary in our prior opinion in People v. Savala (1983)
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PEOPLE v. FOLEY
170 Cal.App.3d 1039 (1985)
216 Cal. Rptr. 865
THE PEOPLE, Plaintiff and Respondent, v. JACK ALLAN FOLEY, Defendant and Appellant.
Court of Appeals of California, Third District.https://leagle.com/images/logo.png
August 6, 1985.
August 6, 1985.
Attorney(s) appearing for the Case
Frank O. Bell, Jr., State Public Defender, under appointment by the Court of Appeal, Charles M. Bonneau and Gabriel C. Vivas, Deputy State Public Defenders, for Defendant and Appellant.
John K. Van de Kamp, Attorney General, Eddie T. Keller, Gary A. Binkerd and Cynthia Besemer, Deputy Attorneys General, for Plaintiff and Respondent.
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