Once a defendant has established bias in the writer, the defendant need not show that the PSI was influenced by that bias. As stated above, the writer's impressions may be formulated at both a conscious and subconscious level. A biased writer could unknowingly shape a PSI in even subtle ways that affect the defendant's right to a fair sentencing process. Therefore, establishing bias in the writer also establishes bias in the PSI as a matter of law. Suchocki, however, still must show that this report prejudiced the sentencing process.
Due process entitles the defendant to a fair sentencing process.
The process is not fair if the sentencing court relied upon a PSI from a biased writer. We conclude, however, that Suchocki's sentencing process was not unfairly influenced by the presentence report. Suchocki, therefore, was not prejudiced by the trial court's refusal to strike the presentence report. We reach this conclusion for several reasons. First, the ultimate sentence imposed by the court closely paralleled the recommendations of the alternate PSI submitted by the defense.