What is the test for determining whether a probationer has violated probation by failing to obey all laws?
California, United States of America
The following excerpt is from People v. Hope, C090484 (Cal. App. 2020):
A trial court has "very broad discretion in determining whether a probationer has violated probation." (People v. Rodriguez (1990) 51 Cal.3d 437, 443.) On this record, the trial court did not abuse its discretion in ruling that defendant violated probation by failing to obey all laws. Given this conclusion, we need not address the People's argument (disputed by defendant) that defendant's conduct was also a misdemeanor offense.
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