How has the probation department been found to have failed to record a single phone call during defendant's time on probation?

California, United States of America


The following excerpt is from People v. Mode, A142666 (Cal. App. 2015):

Though defendant claimed he was in constant contact with the probation department throughout his time on PRCS, the trial court found this testimony not credible. The trial court explained it was conceivable for the probation department to fail to record a single phone call, but the notion defendant left numerous messages and each of those were somehow lost was implausible. This reasoning is sound, and in any event, we must defer to the trial court's credibility determinations. (Lenk v. Total-Western, Inc. (2001) 89 Cal.App.4th 959, 968.)

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