Tooby's California Post-Conviction Relief for Immigrants

(C)

Failure to correct errors in the probation report or in the prosecutor's statements at sentence.[227]

[227] Lewis v. Lane, 832 F.2d 1446 (7th Cir. 1987); People v. Eckley (2004) 123 Cal.App.4th 1072, 20 Cal.Rptr.3d 555 (due process violation found at sentence where court relied on documents containing material, factual misstatements: "'Reliability of the information considered by the court is the key issue in determining fundamental fairness' in this context. (People v. Arbuckle (1978) 22 Cal.3d 749, 754-755.) A court's reliance, in its sentencing and probation decisions, on factually erroneous sentencing reports or other incorrect or unreliable information can constitute a denial of due process. In Townsend v. Burke, 334 U.S. 736, 741 (1948), a defendant 'was sentenced on the basis of assumptions concerning his criminal record which were materially untrue.' This was 'inconsistent with due process of law' and required reversal." Court also cites to United States v. Weston, 448 F.2d 626 (9th Cir. 1971) and United States v. Tucker, 404 U.S. 443, 448-449 (1972) [sentence based in part on prior convictions vacated and remanded where trial court did not know that prior convictions were obtained in violation of right to representation by counsel]; U.S. v. Safirstein, 827 F.2d 1380, 1387 (9th Cir. 1987) [sentence based on material inferences and assumptions that are unreasonable and unsupported by the record violates due process and must be vacated and remanded].")