What is the test for revoking probation and imposing a prison term on a defendant who has breached the terms and conditions of probation?

California, United States of America


The following excerpt is from People v. Cervantes, 175 Cal.App.4th 291, 95 Cal. Rptr. 3d 858 (Cal. App. 2009):

(1) A court may not revoke probation unless the evidence supports "a conclusion [that] the probationer's conduct constituted a willful violation of the terms and conditions of probation." (People v. Galvan (2007) 155 Cal.App.4th 978, 982 [66 Cal.Rptr.3d 426].) Where a probationer is unable to comply with a probation condition because of circumstances beyond his or her control and defendant's conduct was not contumacious, revoking probation and imposing a prison term are reversible error. (People v. Zaring (1992) 8 Cal.App.4th 362, 379 [10 Cal.Rptr.2d 263].)

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