McClure

In this appeal the principal question presented is whether the trial court had a duty upon a remand for resentencing to obtain a current or supplemental probation report notwithstanding defendant’s ineligibility for probation. We determine that no duty existed and affirm the judgment.

Facts

Defendant was convicted of the crimes of rape by force or threat and false imprisonment of Lisa W. (Pen. Code, §§261, subd. (2), 236 respectively), and first degree burglary and assault with intent to rape involving victim, Barbara C. (Pen. Code, §§ 459, 220 respectively). Defendant was originally sentenced to an aggregate prison term of 18 years. On appeal we remanded for resentencing but affirmed the judgment in all other respects. (People v. McClure (May 24,1985) No. A024827 [nonpub. opn.].) On resentencing the trial court again imposed an 18-year prison term.

Defendant again appeals raising two claims of error: the failure of the trial court 1) to obtain a new or current probation report and 2) to articulate its reasons on resentencing. We find the arguments unpersuasive, and we affirm the judgment.

Discussion

I.

Probation Report

It is undisputed that defendant’s commission…