People v. Herrera CA5

INTRODUCTION

Appellant Arthur Chance Herrera contends on this appeal that his Fourteenth Amendment right to due process was violated when the trial court relied on inadmissible hearsay testimony to revoke his mandatory supervision in case Nos. RF008552 and RF008572 and violate his probation in case Nos. RF008777 and RF008785.1 We agree, but conclude the error was harmless beyond a reasonable doubt and affirm the judgment.

PROCEDURAL SUMMARY

A. Case No. RF008552 On November 19, 2020, the district attorney filed a complaint in case No. RF008552, charging that Herrera did willfully and unlawfully manufacture, cause to be manufactured, import into the state, keep for sale, give, lend or possess an instrument known as a billy, blackjack, sandbag, sandclub, sap or slungshot (Pen. Code, § 22210;2 count 1); misdemeanor driving a vehicle with a suspended or revoked license due to a prior offense3 (Veh. Code, § 14601.1, subds. (a), (b)(2); count 2); and three counts of misdemeanor failure to appear (§ 853.7; counts 3, 4, & 5). On March 30, 2021, Herrera accepted a plea agreement to plead no contest to all counts and admitted the prior offense for driving on a suspended license in…