Woodall

Filed 5/13/13; pub. order 6/3/13 (see end of opn.)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D062005

Plaintiff and Respondent,

v. (Super. Ct. No. SCD236538)

SHAWN JAMES ALLEN WOODALL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Desiree

Bruce-Lyle, Judge. Affirmed.

Law Office of Kurt David Hermansen, Kurt David Hermansen for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Steve Oetting and Laura A.

Glennon, Deputy Attorneys General, for Plaintiff and Respondent.

In this appeal Shawn Woodall challenges the trial court's order revoking his

probation. He argues that the statute governing probation revocation proceedings (Pen. Code,1 § 1203.2) violates the federal Constitution (both facially and as applied to him)

because (1) it permits a warrant to be issued for a probationer's arrest unsupported by

statements made by oath or affirmation, and (2) it does not require a…