People v. Gonzalez CA2/6

DISCUSSION

We apply the substantial evidence standard when reviewing the trial court's finding of a probation violation. (People v. Kurey (2001) 88 Cal.App.4th 840, 848.) A probation violation must be proved by a preponderance of the evidence. (People v. Rodriguez (1990) 51 Cal.3d 437, 441; Jones v. Superior Court (2004) 115 Cal.App.4th 48, 60.) The trial court did not abuse its discretion in that finding appellant violated probation by failing to pay the $240 restitution fine. Substantial evidence supports its finding. Appellant testified that he earned some money by collecting cans. He did not dispute the evidence that he not only failed to pay the fine, but also failed to contact the probation officer to discuss his financial situation, or seek additional time to pay the fine.

DISPOSITION

The judgment (order revoking probation) is affirmed.

NOT TO BE PUBLISHED.

PERREN, J.

We concur:

GILBERT, P. J.

YEGAN, J.

3 David M. Hirsch, Judge

Superior Court County of Ventura ______________________________

Stephen P. Lipson, Public Defender, William Quest, Sr., Deputy Public Defender, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Steven D. Matthews, Supervising Deputy Attorney General, Rama R. Maline, Deputy Attorney General, Michael Olson, Certified Law Student under the supervision of Marc Kohm, Deputy Attorney General, for Plaintiff and Respondent.