People v. Weir CA4/1

DISCUSSION

Weir contends the court’s finding that he violated probation was not supported by substantial evidence because the evidence did not show he willfully failed to appear on June 9. In his view, the court demonstrated a misunderstanding of the law by finding a probation violation even though the prosecution did not sustain its burden to show that the violation was willful. A. Legal Principles “[T]he court may revoke and terminate the supervision of the person if the interests of justice so require and the court, in its judgment, has reason to believe from the report of the probation or parole officer or otherwise that the person has violated any of the conditions of their supervision . . . .” (§ 1203.2, subd. (a).) The standard of proof in a probation revocation proceeding is a

3 preponderance of the evidence. (People v. Rodriguez (1990) 51 Cal.3d 437, 447 (Rodriguez).) Courts have “very broad discretion in determining whether a probationer had violated probation.” (Id. at p. 443.) “ ‘The discretion of the court to revoke probation is analogous to its power to grant the probation, and the court’s discretion will not be disturbed in the absence of a showing of abusive…