People v. Torres CA5

INTRODUCTION

While on formal probation, appellant Brigido Torres was arrested twice for domestic violence offenses, leading the People to file new criminal charges. At a contested probation revocation hearing, the trial court took judicial notice of a memorandum by the probation officer detailing the fact of the arrests and charges but providing no description of appellant’s underlying conduct. Based on the memorandum alone, the trial court found appellant violated his probation and sentenced him to two years in state prison. On appeal, appellant contends the trial court’s finding was not supported by substantial evidence. We agree. The fact appellant was arrested and charged is not evidence he violated the conditions of his probation. We reverse.

BACKGROUND

In May 2018, appellant pled no contest to charges in two different pending cases. In case No. PCF362571, he pled no contest to first degree burglary (Pen. Code, §§ 459, 460, subd. (a)),1 forgery relating to identity theft (§§ 475, subd. (b), 473, subd. (a)), and grand theft of a firearm (§ 487, subd. (d)(2)). In case No. VCF363430, he pled no contest to vehicle theft (Veh. Code, § 10851, subd. (a)). In both matters,…