Buell
People v. Buell
Opinion
lead Opinion
Kennedy, J.
*685 Appellant Russell Dean Buell appeals from revocation of his mandatory supervision following a felony conviction for driving under the influence of alcohol. As a condition of mandatory supervision, Buell was prohibited from drinking alcohol and was required to wear an alcohol monitoring ankle bracelet provided and monitored by a private company. When that company issued a report indicating Buell had consumed alcohol, the People petitioned the *501 trial court to revoke Buell's mandatory supervision. At the hearing on the petition, the prosecution offered the testimony of Buell's probation department case manager, who testified based on the data and conclusion from the monitoring company's report. The trial court revoked Buell's mandatory supervision and sentenced him to serve the rest of his term in county jail. On appeal, Buell argues the trial court's order is not supported by substantial evidence and his counsel was ineffective in failing to object to his case manager's testimony and the company's report under People v. Kelly (1976) 17 Cal.3d 24 , 130 Cal.Rptr. 144 , 549 P.2d 1240 ( Kelly ). For the reasons that follow, we affirm.