What was a violation of defendant's due process rights in the revocation of his probation?

The second violation of defendant's due process rights was in the failure to give defendant written notice of the violation the court ultimately relied on to uphold the probation revocation, or the evidence supporting that allegation. The petition was filed on February 23, 2015, and recited the allegations we summarized above. Defense counsel must have come to the hearing thinking this would be a fairly easy defense: his failure to report prior to February 23, 2015, was a result of defendant being in custody. It was not, therefore, willful, and was not, therefore, a basis to revoke probation. (See People v. Galvan (2007) 155 Cal.App.4th 978, 983 [abuse of discretion to revoke probation for failure to report where the defendant had been deported, preventing him from reporting].) At the hearing, however, the prosecutor shifted theoriesnow the alleged violation occurred almost a year later when defendant's parole in Illinois ended. We need not speculate that the prosecution's shift in theory took defense counsel by surprise. She said as much to the court. The purpose of requiring written notice of the alleged violation is to enable the defendant to prepare a defense. Defendant was not given that opportunity. In this respect, People v. Self (1991) 233 Cal.App.3d 414 (Self) is on point.