People v. Kentron D.

Kentron D., a ward of the juvenile court (Welf. & Inst. Code, § 602) who had been placed in the camp community program, appeals from the order finding him in violation of probation, after which he was committed to the California Youth Authority. He was found to have violated the conditions of his probation following a contested hearing held upon the filing of a Welfare and Institutions Code section 777 (hereafter section 777) notice. We consider whether this finding of violation pursuant to section 777, as amended by Proposition 21, may be sustained where the prosecution chose not to present any testimony and relied solely on the hearsay allegations in the section 777 notice, even though there was no showing that some of the probation officers who allegedly observed misconduct were unavailable and other probation officers who allegedly observed misconduct were present in court. We conclude that the finding of violation must be reversed due to appellant’s hearsay objections.

Factual and Procedural Background

In September 2000, appellant admitted allegations that in June 2000 he committed felony false imprisonment by violence, misdemeanor sexual battery, and misdemeanor…