Gomez

People v. Gomez

Good Law
104 Cal. Rptr. 3d 683·181 Cal. App. 4th 1028·2010 Cal. App. LEXIS 131
Court of Appeal of CaliforniaFebruary 4, 2010B213013California3,689 words

Opinion

Opinion

Mallano, J.

—Defendant Irvin Daniel Gomez appeals from a judgment revoking his probation and sentencing him to prison. Defendant contends the trial court abused its discretion and violated his due process rights by admitting in evidence a probation report which showed that defendant failed to report to his probation officer, pay restitution, or submit verification of his employment and attendance at counseling sessions. We disagree and affirm because the evidence admitted was in the nature of documentary material that is admissible in a probation revocation hearing.

BACKGROUND

On April 26, 2007, defendant pleaded no contest to three counts of felony vandalism and three counts of misdemeanor vandalism. The trial court suspended the imposition of sentence and placed defendant on probation for five years on conditions that included reporting to a probation officer, cooperating with his probation officer in a plan for counseling and any other program required by probation, obeying all of the probation department’s rules and regulations, seeking and maintaining employment, keeping the probation officer advised of his residence and employment at all times, and paying restitution to…

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