Cambitsis

Appellants were convicted in 1976 on charges of fel-

ony conspiracy related to the forgery of parimutuel tickets. They were placed on three years’ formal probation. In 1977, they were charged with violation of one of the conditions of probation, i.e., that they not attend any race track in California during the period of probation. At their probation revocation hearing, the court admitted into evidence, over defense counsel’s objection, the transcript of one witness’ testimony against appellants at the preliminary hearing on criminal charges stemming from the same incident on which the probation violation was based. Appellants contend that the admission of this testimony was a denial of due process and of their right to confront and cross-examine adverse witnesses.

We conclude that the trial court’s admission of the transcript was not a violation of appellants’ rights. Their right to confront and cross-examine the witness was not denied, since they had had ample opportunity to cross-examine him at the preliminary examination proceeding, and the transcript admitted by the court at the probation revocation hearing included the defense counsel’s cross-examination of the…