Is a violation of section 646.9, subdivision (a) of the Penal Code punishable by a finding of guilty in a probation case?

California, United States of America


The following excerpt is from The People v. Gonyea, B209083, No. TA076626, TA080213 (Cal. App. 2010):

As mentioned, on October 22, 2004, the complaint in the probation case (case No. TA076626) was amended to allege as count 1 a violation of Penal Code section 646.9, subdivision (a), instead of subdivision (b), and, as to count 1, appellant pled no contest to a violation of Penal Code section 646.9, subdivision (a). However, as appellant observes, various records in the probation case erroneously reflect that appellant pled no contest to a violation of Penal Code section 646.9, subdivision (b) in that case. Respondent concedes they need to be corrected. (Cf. People v. Humiston (1993) 20 Cal.App.4th 460, 466, fn. 3; People v. Solorzano (1978) 84 Cal.App.3d 413, 415, 417.)

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