People v. Robart

Opinion

BROWN (H. C.), J .

The appellant pled guilty to possession of marijuana and possession of paraphernalia (Health & Saf. Code, § § 11530, 11555) and was placed on probation on condition that he serve four months in the county jail. While serving his term in jail, he was charged with possession of marijuana and possession of marijuana in a jail (Health & Saf. Code, § 11530; Pen. Code, § 4573.6). A jury acquitted appellant of both charges. The trial judge then modified the order for probation, extending the period of probation and adding six months in jail as a condition of probation. The trial judge granted a stay of execution of one year pending the determination of this appeal.

We recognize that the superior court may revoke probation in the interests of justice if it has reason to believe that the probationer has com

[893]

mitted other offenses. (Pen. Code, § 1203.2, subd. (a).) Revocation rests in the sound discretion of the court. Although that discretion is very broad, the court may not act arbitrarily or capriciously; its determination must be based upon the facts before it.

{In re Davis,

37 Cal.2d 872 [236 P.2d 579];

People

v.

Walker,

215 Cal.App.2d 609, 611-612 [30 Cal.Rptr. 440].)

Also, we note in

People

v.

Hayko,

7 Cal.App.3d 604, 609 [86 Cal.Rptr. 726], “A court is justified in revoking probation even though the circumstances would not warrant a conviction.

{People

v.

Vanella,

265 Cal.App.2d 463, 469 [71 Cal.Rptr. 152].) All that is required is that the grounds for revocation be clearly and satisfactorily shown; they need not be established beyond a reasonable doubt.”