Is there any case law where a judge relied on a probation report?

California, United States of America


The following excerpt is from People v. Lopez, B289577 (Cal. App. 2019):

Finally, even if the court erred in relying on the probation report, any error was harmless beyond a reasonable doubt. (See People v. Arreola (1994) 7 Cal.4th 1144, 1161 [evidentiary issues at probation revocation hearing assessed under federal beyond-a-reasonable-doubt harmless error standard].) Lopez admitted to the court he had left the residential drug treatment program early and had failed to enroll in a domestic violence treatment program. In addition, the court did not need to rely on the probation report to know Lopez had failed to appear for a hearing in January 2018 because that failure to appear was documented in the court's minute orders and bench warrant. Accordingly the court could have based its finding of a probation violation on the court records alone.

3. Lopez Has Failed To Show the Court's Finding of a Probation Violation Was Not Supported by Substantial Evidence

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