California Court of Appeal August 6, 1985, 13459 (People v. Foley)

Opinion

SIMS, J.

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) 147 Cal.App.3d 63 [195 Cal.Rptr. 193].