People v. Baker

California Court of Appeal Apr 15, 1974 No. Crim. 5482Published

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Holding. The court held that the defendant was afforded due process during his probation revocation hearing, as the record demonstrated he received adequate notice, an opportunity to be heard, and a sufficient statement of the reasons for revocation.

Issues

Whether the defendant was denied due process at his probation revocation hearing.
Whether the defendant received adequate written notice of the probation violations.
Whether the trial court abused its discretion in denying a continuance to present evidence in mitigation.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The transcript of the hearing serves as the required written statement”

“While we hold the record before us adequately demonstrates Baker was accorded due process of law under Gagnon and Vickers, we do not imply the record is a paradigm to be emulated.”

Opinion

THE COURT

Bobby Mitchell Baker, defendant, appeals a judgment sentencing him to prison after the court revoked his probation.

Baker was convicted of second degree burglary and was placed on probation for three years on December 22, 1971. Baker escaped from the San Diego Work Furlough Center on July 10, 1972. On March 14, 1973, Baker remained missing. The court revoked his probation and issued an arrest warrant.

One week after his escape, Baker had been arrested in El Paso, Texas. He remained in custody in Texas until March 30, 1973, when he was extradited to California. A supplemental probation officer’s report of April 10 related some of the circumstances of Baker’s escape, and noted a criminal complaint charging escape had been filed.

[628]

A hearing was held on April 12, 1973. At the outset Baker’s attorney requested a five minute break to read to Baker the supplemental report, explaining Baker did not read very well, and possibly had confused the purpose of the hearing with a preliminary hearing to be held that afternoon on the escape charges. The court granted a half hour recess. When the hearing resumed, the court, to clarify the matter, said Baker was in court for sentencing following revocation of probation after absconding. Baker requested the hearing be continued until the escape charges pending against him could be adjudicated. He also requested the court substitute the attorney representing him in the escape matter for his attorney at the hearing. Baker and his attorney suggested there were certain facts which mitigated his escape, although Baker did admit escaping.

Baker contends his probation revocation violated due process of law guaranteed by the Fourteenth Amendment.

When a probationer absconds, his probation may be summarily revoked, but after he is taken into custody, he must be given a probation revocation hearing. At this hearing he is entitled to written notice of the charges against him, disclosure of the evidence against him, the right to confrontation, to be heard and to present witnesses and evidence. He must be given a written statement of the reasons for probation revocation, if his probation is revoked

People v. Baker

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