Malabag

People v. Malabag

Good Law
1997 Cal. App. LEXIS 6·51 Cal. App. 4th 1419·59 Cal. Rptr. 2d 847·97 Daily Journal DAR 165·97 Cal. Daily Op. Serv. 164
Court of Appeal of CaliforniaJanuary 3, 1997A072162California2,720 words

Opinion

Opinion

Lambden, J.

By this appeal defendant urges us to vacate an order revoking probation and executing a suspended sentence for a previous conviction. Defendant contends he was denied his rights to a formal probation revocation hearing and his right to arraignment upon sentencing. He relies upon an incomplete reporter’s transcript to imply he did not waive these rights, in contradiction of a detailed clerk’s transcript which recorded his waivers. We will find he has failed to carry the burden of providing a sufficient record to support his arguments on appeal and has waived his right to seek a settled statement in lieu of a complete transcript. Accordingly, we will affirm.

Background

In April 1994, defendant entered a plea of nolo contendere to one count of first degree burglary and admitted two prior felony convictions. The court sentenced him to nine years in state prison, suspended execution of sentence and placed him on probation.

As a condition of his probation, defendant was ordered to enter and complete a live-in drug rehabilitation program. Subsequently, the court was notified by the program director that defendant had left the program without permission, and in June of 1994…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.