What is the sole argument raised by defendant on appeal against his probation for failing to report to his probation officer?

California, United States of America


The following excerpt is from People v. Meskan, A114980 (Cal. App. 7/30/2007), A114980 (Cal. App. 2007):

The sole argument raised by defendant on appeal is that the court violated his constitutional rights in admitting his ex-girlfriend's hearsay statement about the alleged assault. We need not reach this contention, however, in light of the unchallenged evidence in support of the court's alternative and independent ground for revoking defendant's probationdefendant's failure to report to his probation officer. (See People v. Arreola (1994) 7 Cal.4th 1144, 1161 [a reviewing court will not disturb a judgment due to constitutional error if the error was harmless beyond a reasonable doubt].) In this case, there is no doubt that defendant's failure to report to his probation officer provided a sufficient basis on which to revoke defendant's probation. As quoted above, the trial judge made clear at the conclusion of both contested hearings that defendant's flagrant failure to report to his probation officer was the primary basis for her decision and that this ground independently justified revoking his probation.

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