Is a defendant's failure to attend her probation appointment with her probation officer willful?

California, United States of America


The following excerpt is from People v. Conklin, H041599 (Cal. App. 2015):

Defendant argues that there was insufficient evidence that defendant's failure to appear for her March 26, 2014 appointment with her probation officer was willful. Relying on the decision in People v. Zaring (1992) 8 Cal.App.4th 362 (Zaring), defendant asserts that the evidence shows that defendant forgot that she was scheduled to take her friend with a disability to his doctor's appointment on March 26, 2014; she informed the probation department before her appointment that she had to miss the appointment for that reason; and she saw the probation officer the next day.

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