California, United States of America
The following excerpt is from People v. Tregaskis, A158300 (Cal. App. 2020):
The Attorney General (respondent) concedesand we conclude"the trial court erred in finding [defendant] possessed a 'dangerous or deadly weapon' . . . without evidence of [defendant's] intent to use it as a weapon." (People v. Aledamat (2019) 8 Cal.5th 1, 3 [box cutter is not inherently deadly and is a deadly weapon only if used in a way that makes it deadly].) Respondent argues the error was harmless, as "it is not reasonably probable that [defendant] would have obtained a more favorable result since he had still violated the alcohol condition." We disagree. " Section 1203.2 subdivision (a), authorizes a court to revoke probation if the interests of justice so require and the court, in its judgment, has reason to believe that the person has violated any of the conditions of his or her probation. [Citation.] ' "When the evidence shows that a defendant has not complied with the terms of probation, the order of probation may be revoked at any time during the probationary period." ' " (People v. Urke (2011) 197 Cal.App.4th 766, 772, fn. omitted.) "The standard of proof in a probation
Page 5
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.