P. v. Rondeau
Defendant Keith Rondeau appeals from a sentence imposed following a negotiated plea agreement. He was charged in a two-count felony complaint with attempted willful, deliberate and premeditated murder (Pen. Code,[1] §§ 664/187, subd. (a)), with personal use of a firearm (§ 12022.53, subd. (b)), and stalking (§ 646.9, subd. (a)). As part of the plea agreement, the complaint was amended to add a third count, for assault with a firearm (§ 245, subd. (a)(2)), to which defendant entered a plea of nolo contendere, and the other counts were dismissed. Under the terms of the plea agreement, it was agreed that defendant would be referred to the Department of Corrections and Rehabilitation for a diagnostic evaluation under section 1203.03, and that the Department’s report would be submitted to the trial court to be considered at sentencing. Upon receipt and consideration of the section 1203.03 report, the trial court found that defendant was not a suitable candidate for probation, and sentenced defendant to three years in state prison. Defendant appeals, arguing that he was denied due process because the report, upon which the trial court relied in sentencing him, was based upon erroneous information. We affirm the judgment.
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