Grimble

—The sole issue presented on this appeal is whether the trial court has a mandatory duty to order on its own motion a supplemental probation report prior to resentencing after a remand from the Court of Appeal. We hold that the trial court has discretion to proceed on the previous probation report and find that there was no abuse of discretion in the instant matter.

Procedural Background

In 1980, appellant was convicted of one count of kidnapping (Pen. Code, § 209, subd. (b)), three counts of robbery (Pen. Code, § 211), and one count each of rape (Pen. Code, § 261, subd. (2)/261, subd. (3)), burglary (Pen. Code, § 459) and assault with a firearm upon a peace ofiicer (Pen. Code, § 245, subd. (b)). As to each count, it was also found that appellant personally used a firearm within the meaning of Penal Code section 1203.06, subdivision (a)(1) and Penal Code section 12022.5, making appellant statutorily ineligible for probation and adding two years to his sentence. Sentence was imposed on these convictions on March 7, 1980, and appellant received on the kidnapping count a life sentence consecutive to a determinate sentence of a number of years on the remaining counts.

An…