What is the test for a defendant's claim that he was denied due process because he was not given notice of his probation violations?

California, United States of America


The following excerpt is from People v. Peterson CA6, H031244 (Cal. App. 5/30/2008), H031244 (Cal. App. 2008):

Defendant's appeal is based on his assertion that he was denied due process because he was not given notice of the claimed probation violations before his admission. He further asserts that his trial counsel's failure to object to the lack of notice was ineffective assistance of counsel, and therefore, should not serve to waive the issue on appeal. (See, e.g. People v. Scott (1994) 9 Cal.4th 331, 356 [failure to object to a sentencing error in the trial court waives the issue on appeal].)

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