What is the effect of a mistake by the California Probation Board in revoking a defendant's probation?
California, United States of America
The following excerpt is from The PEOPLE V. ANDERSON, A126250, No. FCR232773 (Cal. App. 2010):
We view the error as one of procedural statutory dimension only; it did not affect defendant's due process rights. (See People v. Baker (1974) 38 Cal.App.3d 625, 630.) Defendant had ample notice of the probation revocation hearing and the opportunity to present evidence to contest the charge of a probation violation. He also took advantage
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