What is the test for revocation of a defendant's probation for battery upon a custodial officer?

California, United States of America


The following excerpt is from People v. Bonilla, B225177 (Cal. App. 2012):

Even if we were to consider these claims on their merits, we would reject them. Defendant's federal incarceration punished him for his violation of federal law, not his conviction of battery upon a custodial officer in this case. Revocation of defendant's probation was "a continuing consequence of the probationer's original conviction; any sanction imposed at the hearing follows from that crime," not additional punishment for his federal offense. (Lucido v. Superior Court (1990) 51 Cal.3d 335, 348.)

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