P.

P. v. Woodall CA4/1

Good Law
157 Cal. Rptr. 3d 220·2013 Cal. App. LEXIS 438·216 Cal. App. 4th 1221·2013 WL 2393065
Court of Appeal of CaliforniaMay 13, 2013D062005California6,257 words

Opinion

Opinion

Haller, J.

In this appeal Shawn James Allen Woodall challenges the trial court’s order revoking his probation. He argues that the statute governing probation revocation proceedings (Pen. Code, § 1203.2) violates the federal Constitution (both facially and as applied to him) because (1) it permits a warrant to be issued for a probationer’s arrest unsupported by statements made by oath or affirmation, and (2) it does not require a preliminary probable cause hearing before a final revocation hearing as mandated by the United States Supreme Court in Morrissey v. Brewer (1972) 408 U.S. 471 [ 33 L.Ed.2d 484 , 92 S.Ct. 2593 ] (Morrissey). We reject these contentions and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

A. Probation Grant

On September 29, 2011, defendant (representing himself) pled guilty to attempted possession of a controlled substance (Oxycodone) for sale, in exchange for a promise of a one-year sentence. At a sentencing hearing on December 12, 2011, the prosecutor told the court (Judge Melinda Lasater) that defendant had expressed an interest in participating in the reentry drug court program; the prosecutor believed defendant was eligible for the program; and…

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