P. v. Stein
David Paul Stein pleaded guilty to six counts of lewd acts with a child, involving the fondling of his 13-year-old foster daughter's breasts and buttocks. At the time of the plea, the trial court committed to a six-year lid on any prison sentence, and indicated it had the authority to consider probation. At the sentencing hearing, the trial court denied probation and sentenced Stein to three years in prison. Stein appeals, contending the trial court abused its discretion when it sentenced him to prison without ordering a psychological evaluation under Penal Code section 288.1 to assess his eligibility for probation. (Undesignated statutory references are to the Penal Code.) Court conclude the trial court was not required to order a section 288.1 report before finding Stein ineligible for probation.
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