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
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.