Wow

Shaun Martin had it right when he called People v. Gayton (here) a must-read:

Occasionally, we see a case that “fell through a crack.” This case fell through a chasm. And no one, not the trial attorney, not the prosecutor, not the court – and certainly not the probation officer – can escape some degree of responsibility for the existence of that chasm. When the issue is whether a defendant goes to prison for seven years or to a drug rehabilitation program, someone should be paying attention. In this case, it appears no one but the defendant really was.

Comments

[mythago]

I think you meant "WTF?!" rather than "Wow".

I'll guess that the PD was overwhelmed (that's an explanation, not an excuse). I'm curious as to why the court used such delicacy in refusing to call the probation officer a liar.

[lawstdnt]

I think the correct link is http://calapp.blogspot.com/2006/03/people-v-gayton-cal-ct-app-feb-28-2006.html