People v. Mundell CA3

BACKGROUND

We recite only the facts relevant to the limited issue on appeal. Defendant was convicted of committing a lewd or lascivious act on a child over the age of 14 or 15 when he was at least 10 years older than the child. (Pen. Code, § 288, subd. (c)(l).) The trial court placed him on probation for three years. Later, a probation violation petition alleged defendant violated the conditions of his probation by (1) testing positive for marijuana, and (2) knowingly using, handling, or possessing marijuana that was not prescribed by a licensed medical practitioner. Then, in a second probation violation petition, it was alleged defendant violated the conditions

1 of his probation by (1) knowingly using, handling, or possessing marijuana that was not prescribed by a licensed medical practitioner, and (2) failing to report to the probation department and submit a urine sample as directed by the probation officer. At the outset of the contested probation revocation hearing, the prosecutor said the People only intended to proceed on the failure to report violation. To prove this violation, the prosecutor called the probation officer to testify regarding defendant’s conduct while on…