What is the burden of proof in probation revocation hearings?

4 The question of whether the burden of proof in probation revocation hearings is "preponderance of the evidence" or "clear and convincing evidence" is presently pending before this court in People v. Rodriguez (1989) review granted September 28, 1989 (S011326), but in either case the governing standard requires less than proof "beyond a reasonable doubt." (See People v. Coleman (1975) 13 Cal.3d 867, 120 Cal.Rptr. 384, 533 P.2d 1024; In re Coughlin (1976) 16 Cal.3d 52, 127 Cal.Rptr. 337, 545 P.2d 249.)

5 As to the identical-issue requirement, the majority implies that petitioner may not have satisfied the requirement when it notes "that the two proceedings threaten petitioner with fundamentally different sanctions." The majority concedes that "As a technical matter, ... this fact is not dispositive." Indeed, this fact is not even relevant because the identical issue requirement addresses whether the same factual allegations are at stake in the two proceedings, not whether the ultimate sanctions are the same. (See Zaraosa v. Craven (1949) 33 Cal.2d 315, 321, 202 P.2d 73.)