In re Cortez

In In re Cortez (1971) 6 Cal.3d 78, the California Supreme Court considered the issue of "whether a prisoner seeking habeas relief under People v. Tenorio (1970) 3 Cal.3d 89, is entitled to a hearing at which he is present and represented by counsel." (Cortez at p. 82.) The Cortez opinion did not consider or analyze the issue of whether a new probation report was required at such a hearing. However, near the end of the opinion, the court provided, "for the guidance of court and counsel in this case and in similar cases," an "outline of the procedure to be followed in the future where a petition seeking Tenorio relief is filed." (Cortez at p. 88.) The court's seven-point outline included the following point. "Fifth, the sentencing court should obtain a new probation report and/or a report from the Director of Corrections as to the conduct of petitioner in prison since his original sentencing." (Cortez at p. 89.)