What is the test for finding a defendant guilty of breaching his probation by failing to obtain court approval to use medical marijuana?

³ The court also found that defendant failed to comply with the terms of his probation requiring defendant to seek court approval of a medical marijuana recommendation. However, that was not alleged as the basis of the probation violation; the allegation was that defendant had failed to "obey all laws." Since failure to comply with the terms of probation was not alleged in the revocation petition, it would violate due process notice requirements for the trial court to revoke probation or find a violation of probation based on that theory. (See People v. Vickers (1972) 8 Cal.3d 451, 457460 [105 Cal.Rptr. 305, 503 P.2d 1313] ; see also People v. Urke (2011) 197 Cal.App.4th 766, 776 [128 Cal.Rptr.3d 405] .) That is especially true here, where the only evidence that defendant failed to obtain court permission to use medical marijuanathe probation term purportedly violatedis defendant's testimony. If it had been alleged defendant failed to comply with the terms of his probation, he may have elected not to testify. Thus, due process principles preclude us from relying on defendant's failure to obtain court approval as a basis for affirming the trial court's judgment that defendant had violated his probation.