Abrams

People v. Abrams

Good Law
158 Cal. App. 4th 396·2007 Cal. App. LEXIS 2077·69 Cal. Rptr. 3d 742
Court of Appeal of CaliforniaDecember 21, 2007No. B194835California3,611 words

Opinion

lead Opinion

Rubin, J.

Defendant Lonell Allan Abrams appeals his state prison sentence following revocation of probation on a charge of petty theft with prior convictions. Defendant contends the trial court erred in allowing hearsay evidence to prove his failure to comply with probation obligations. We hold that whether or not a defendant has reported to his probation officer or made monetary payments to the officer are essentially nontestimonial; thus, even if hearsay, they are admissible at a probation violation hearing. Because the trial court properly considered this evidence here, we affirm the order revoking probation.

PROCEDURAL BACKGROUND

As defendant’s only claim arises from the trial court’s revocation of probation, we need not detail the circumstances of the underlying crime. Suffice it to say, defendant pled guilty to one count of petty theft with prior convictions in violation of Penal Code section 666. He also admitted two prior prison terms.

Defendant was initially sentenced on September 29, 2005. He received five years total for the underlying crime and prior prison terms, with credit for time already served in custody. The sentence was suspended and he was placed on…

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