People v. Lara-Leon CA2/6

DISCUSSION

Leon contends the trial court erred when it denied her motion to withdraw her admission without an evidentiary hearing on whether it was knowing and voluntary. But even if the court erred, on appeal Leon is required to show that that error prejudiced her. (In re La Croix (1974) 12 Cal.3d 146, 154- 155.) Both her opening brief and her reply brief “make[] absolutely no such showing” (In re Winn (1975) 13 Cal.3d 694, 698)—indeed, they don’t even argue prejudice. Her appeal fails on that basis alone. (People v. Jordan (1986) 42 Cal.3d 308, 316.)

1 Unlabeled statutory references are to the Penal Code.

2 It also fails on the merits. If a probation officer has probable cause to believe that a person has violated the terms of PRCS, the officer may rearrest the person (§ 1203.2, subd. (a)) and petition the trial court to terminate supervision (§ 3455, subd. (a)). Prior to a hearing on the petition, the officer may bring the person before the probation department for an informal hearing. (Id., subd. (b)(1).) At that hearing the person may “waive . . . [the] right to counsel, admit the violation of [PRCS], waive a court hearing, and accept the proposed modification of . . .…