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Name: In re Eddie M.
Case #: S109902
Court: CA Supreme Court
District CalSup
Opinion Date: 08/07/2003

Under Proposition 21, probation violations “not amounting to crimes” may be charged and proved by a preponderance of the evidence. The Supreme Court interprets the statute to simply have ended prosecutorial discretion to use Welfare and Institutions Code section 777, subdivion (a)(2) to seek new criminal adjudications. However, probation violations which may also include criminal conduct may be charged, as long as the conduct is charged solely as a probation violation and the physical confinement time does not exceed the maximum term of adult confinement tied to the original offense. Moreover, use of the preponderance of the evidence standard in these circumstances does not violate due process.