People v. Bourne CA3

DISCUSSION

I Substantial Evidence of Probation Violation Defendant contends the revocation of his probation was an abuse of discretion because the evidence did not show that he willfully terminated his participation in the batterer’s treatment program. He argues the termination was not willful, but due to his indigence, in that he could not afford the cost of the weekly classes. We disagree. A. Background At the hearing on the probation revocation petition, Andrew McIntyre, the executive director of the Family Violence Education Program, testified that defendant enrolled in a 52-week batterer’s treatment program and attended two classes in July 2012.

Because the matter was resolved by plea, our statement of facts is taken from the probation officer’s report.

3 However, defendant did not attend any of the weekly classes in August 2012. In response to the failures to attend, McIntyre “submitted a termination report from the Batterer’s Treatment Program based on excessive unexcused absences.” McIntyre testified that in September 2012, defendant showed up and was turned away from a class. McIntyre did not make clear whether this was because defendant was unable to pay the…