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Name: In re Kentron D.
Case #: B151154
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 09/12/2002
Subsequent History: none

It was a denial of the minor’s due process rights in a Welfare and Institutions Code section 777 probation violation hearing where the prosecution chose not to present any witnesses, but relied solely on the hearsay allegations of the probation report. There was no showing that some of the probation officers who allegedly witnessed the misconduct were unavailable and others of them were present in court. Here the need for confrontation was particularly important due to the testimonial nature of the evidence, requiring a need to observe the witness’ demeanor. The defense objected to the admission of the report, and since it was the only evidence presented to sustain the violation, the finding was reversed.