Does a court have to find that the probation officer made an error in finding that the violation constituting count 4 occurred on a separate occasion?
California, United States of America
The following excerpt is from People v. Mina, F074901 (Cal. App. 2018):
made the same error as the probation officer with respect to the violation constituting count 3, the court must have found the conduct underlying count 4 occurred on a separate occasion, as the probation report stated. Such speculation flies in the face of settled legal presumptions. (See generally Ross v. Superior Court (1988) 19 Cal.3d 899, 913.)
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