Section 1204 Of Chapter 1. The Judgment From California Penal Code >> Title 8. >> Part 2. >> Chapter 1.
1204
. The circumstances shall be presented by the testimony of
witnesses examined in open court, except that when a witness is so
sick or infirm as to be unable to attend, his deposition may be taken
by a magistrate of the county, out of court, upon such notice to the
adverse party as the court may direct. No affidavit or testimony, or
representation of any kind, verbal or written, can be offered to or
received by the court, or a judge thereof, in aggravation or
mitigation of the punishment, except as provided in this and the
preceding section. This section shall not be construed to prohibit
the filing of a written report by a defendant or defendant's counsel
on behalf of a defendant if such a report presents a study of his
background and personality and suggests a rehabilitation program. If
such a report is submitted, the prosecution or probation officer
shall be permitted to reply to or to evaluate the program.