People v. Whitman CA1/4

DISCUSSION

An order revoking probation is appealable as an order made after judgement affecting the substantial rights of the party. (§1237, subd. (b); People v. Vickers (1972) 8 Cal.3d 451, 453, fn.2.) Whitman’s counsel filed a Wende brief on October 4, 2024. We have received no supplemental filing by Whitman. Section 3000.08, subdivision (f) provides: “If the supervising parole agency has determined, following application of its assessment processes, that intermediate sanctions up to and including flash incarceration are not appropriate, the supervising parole agency shall, pursuant to [s]ection 1203.2, petition either the court in the county in which the parolee is being supervised or the court in the county in which the alleged violation of supervision occurred, to revoke parole.” Any determination that a parolee has, in fact, violated parole shall be based upon a preponderance of evidence. (§ 3044, subd. (a)(5).) “We review a probation revocation decision pursuant to

2 the substantial evidence standard of review [citation], and great deference is accorded the trial court’s decision . . . .” (People v. Urke (2011) 197 Cal.App.4th 766, 773.) Here, the trial court’s parole…