P.
P. v. Woodall CA4/1
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…