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Name: People v. Martinez
Case #: B170558
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 03/28/2005

The court that accepts a defendant’s plea bargain need not be the same court that holds a later probation revocation hearing in the same case. Here, defendant pled and was placed on probation in one division of the Los Angeles County Superior Court, and later had his probation revoked by a different branch. The Court of Appeal held that People v. Arbuckle (1978) 22 Cal.3d 749 did not apply to probation revocation proceedings. The court further found substantial evidence to support a violation of probation for forgery based on defendant’s possession of a forged check, and finally held that check forgery could not be a drug-related probation violation within the meaning of Proposition 36.