P.

FACTS

On July 26, 2010, Duran entered a negotiated no contest plea to inflicting corporal

injury on Miriam Gallegos, who had sustained a broken ankle three months earlier during

an argument. Gallegos subsequently recanted her initial statements to police. As part of

the plea bargain, a misdemeanor battery count and two prior prison term allegations were

dismissed. The parties also agreed to Duran being placed on formal probation for three

years.

At the sentencing hearing on August 25, the court suspended imposition of

sentence and placed Duran on formal probation for three years under standard

probationary conditions, including staying in regular contact with his probation officer,

paying the imposed fines and obeying all laws.

On March 28, 2011, Duran's probation officer filed a petition for revocation of

probation. As amended, the petition alleged Duran had not (1) reported as directed to the

probation officer, (2) obeyed all laws and (3) paid fines totaling $310. Duran denied the

allegations of the petition.

At trial, Horacio Carranza, Duran's probation officer, testified he met with Duran

in August 2010 and reviewed his probation conditions. Carranza…