People v. Gilliam CA4/1

facts underlying Gilliam’s alleged probation violation. But he had reviewed the probation record and had spoken with Officer Adkison, who confirmed everything in the probation report “was accurate and correct.” Gilliam objected several times to Officer Mika’s testimony as hearsay and argued his inability to cross-examine the relevant witnesses violated his due process rights. The court overruled all the objections and concluded the hearsay was reliable. The court considered the probation report, including

3 the witness statements in the report, the original police report about the underlying charges, and Gilliam’s reported statements. The court did not review the eviction notice because it was not attached to the probation report, and no other witnesses testified at the hearing. The court construed the probation terms to require Gilliam “to be in good standing and be able to live” at the facility. The court found, based on “the totality of the circumstances,” that Gilliam violated his probation because he was evicted from the facility. Accordingly, it executed the previously suspended sentence of two years. The court also imposed fines and fees, saying they were “stayed pending…