Quarterman

Defendant Myesha Marie Quarterman, on probation, pawned a camera and camera accessories, allegedly with knowledge that the items were stolen. She was charged with receiving stolen property and violation of her probation. A joint preliminary hearing and probation violation hearing was held, at which only a police officer testified to various hearsay *1285 statements, as permitted by Proposition 115. (Cal. Const., art. I, § 30, subd. (b).) 1 The prosecutor and the defense attorney agreed the court would hear the evidence and rule separately on the two proceedings. The court held defendant to answer, but did not sustain the probation violation after hearing the evidence. Over defendant’s due process and collateral estoppel objections, the district attorney subsequently realleged the same basis for a probation violation and successfully asked a different judge for a new probation hearing. At the second hearing, the camera owner and manager of the pawnshop testified. This time, the probation violation was sustained. The issue is straightforward: are the People permitted to initiate a second probation violation proceeding on the same ground after failing to sustain their burden…