If a trial court orders testing without articulating its reasons on the record, will the appellate court presume an implied finding of probable cause?

As these principles of appellate review apply to Penal Code section 1202.1, if the trial court orders testing without articulating its reasons on the record, the appellate court will presume an implied finding of probable cause. (See People v. Stowell, supra, 31 Cal.4th 1107, at pp. 1114-1116, 6 Cal.Rptr.3d at pp. 727-728, 79 P.3d at pp. 1033-1034.) Nevertheless, because the terms of the statute condition imposition on the existence of probable cause, it can sustain the order only if it finds evidentiary support, which it can do simply from examining the record. Moreover, even if the prosecution could have established probable cause, in the absence of sufficient evidence in the record, the order is fatally compromised. (See People v. Guardado (1995) 40 Cal.App.4th 757, 765, 47 Cal.Rptr.2d 81.) Indeed, even in the case of an express finding of probable cause, the question being one of law rather than fact would be considered de novo on appeal. (Cf. People v. Adair, supra, 29 Cal.4th at pp. 908-909, 129 Cal.Rptr.2d 799, 62 P.3d 45.)