Does the trial court abuse its discretion when it told defendant that it would only revoke his probation if he committed a misdemeanor or felony?

California, United States of America

The following excerpt is from People v. Fellows, E072252 (Cal. App. 2019):

3. Did the trial court abuse its discretion by acting arbitrarily or capriciously when it told defendant that it would only revoke his probation if he committed a misdemeanor or felony, and then later revoked defendant's probation for non-criminal conduct? (People v. Zaring (1992) 8 Cal.App.4th 362, 378-379?
We offered defendant an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error, considered the issues listed by appellate counsel, and find no arguable issue for reversal on appeal.

Page 5

The judgment is affirmed.

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