People v. Tiffith CA2/6

Good Law
Court of Appeal of CaliforniaNovember 21, 2024B329785California306 words

Opinion

Opinion

Cody, J.

DISCUSSION

A court may revoke and terminate probation if the interests of justice so require and the court, in its judgment, has reason to believe the person has violated any probation condition or has subsequently committed other offenses. (People v. Gray (2023) 15 Cal.5th 152, 163; § 1203.2, subd. (a).) “The facts supporting a probation revocation must be proved by a preponderance of the evidence.” (Gray, at p. 163.) “We review the trial court’s probation revocation order for an abuse of discretion. [Citations.] The trial court’s factual findings are reviewed for substantial evidence.” (People v. Butcher (2016) 247 Cal.App.4th 310, 318.) A trial court’s decision to revoke probation is afforded great deference and “‘will not be disturbed in the absence of a showing of abusive or arbitrary action.’” (People v. Urke (2011) 197 Cal.App.4th 766, 773.) Substantial evidence supports the trial court’s conclusion that appellant violated probation by driving while intoxicated.

3 (Veh. Code, § 23152, subd. (f).) Appellant admitted to consuming multiple drugs prior to driving a car into a police vehicle. Objective indicia (e.g., unsteady gait, inability to keep his eyes open) further…

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