California, United States of America
The following excerpt is from People v. Martinez, C079045 (Cal. App. 2016):
The trial court properly relied on the supplemental probation report, which showed that defendant had attended only eight out of the 52 classes of the program. This report was also consistent with prior information that the court received indicating that as of May 2014 defendant already had four absences and was in violation of probation. Thus, we cannot say that the trial court's determination was " 'based only on speculation.' " (People v. Hughes, supra, 27 Cal.4th at p. 365.) Defendant also points to some minor internal inconsistencies in the probation report regarding the date of enrollment as evidence of unreliability. Even though there are some minor internal inconsistencies, on review for substantial evidence, we presume the trial court reconciled any inconsistencies in making its determinations. We conclude there was substantial evidence to support the trial court's determination that defendant had failed to perform satisfactorily in the domestic violence program.
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.