What is the test for determining whether a defendant violated a condition of his release?
California, United States of America
The following excerpt is from People v. Carattini, E070716 (Cal. App. 2019):
The question whether a defendant violated a condition of his release is determined by the trial court under a preponderance of the evidence standard and reviewed under the substantial evidence test. (People v. Rabanales (2008) 168 Cal.App.4th 494, 509.)
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"'[T]he power of an appellate court begins and ends with the determination as to whether, on the entire record, there is substantial evidence, contradicted or uncontradicted, which will support the determination . . . .'" (Ibid., citing Bowers v. Bernards (1984) 150 Cal.app.3d 870, 873-874.)
2. Analysis
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