People v. Nelson

Robert Nelson appeals from a judgment upon his guilty plea to a charge of carrying a concealed weapon. (Pen. Code, § 12020.) Following his plea, a probation report was prepared and at sentencing criminal proceedings were suspended and defendant was placed on probation for a period of three years. Within a month,he was held to answer new charges of robbery and assault with a deadly weapon. At a hearing attended by defendant and his counsel the court in the instant case read the transcript of the preliminary hearing on the pending charges, the prior probation reports and a current report recommending revocation and, without hearing any witnesses on defendant’s behalf, revoked probation over defendant’s objections that he “didn’t do anything to violate.” The appeal is from the subsequent judgment.

Defendant contends that the trial court committed prejudicial error in refusing to afford a hearing and an opportunity to present evidence which would have established his innocence of the pending charges upon which revocation was predicated. He relies on People v. Youngs (1972) 23 Cal.App.3d 180 [ 99 Cal.Rptr. 901 ]. (See also Morrissey v. Brewer (1972) 408 U.S. 471 [ 33 L.Ed.2d…