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Name: People v. Minor
Case #: C057609
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 09/08/2010

Although a probationer in a probation-extension proceeding is not entitled to the same rights as a probationer in a revocation proceeding, he is entitled to notice and an opportunity to respond. Appellant was granted three years probation following his no contest plea to unlawful sexual intercourse with a minor. As a condition of probation, he was ordered to successfully participate in a program of sex offender therapy. Thereafter, in 2007, the probation officer filed a progress report advising the court that appellant would not be able to complete the therapy prior to the probation expiration date and requested extension of the probation period. At a subsequent hearing, at which appellant and the probation officer were present, the court granted the request. On appeal, appellant claimed that he was entitled to the same constitutional protections as a probationer at a revocation hearing, but had been afforded none of them. The court rejected the claim. Although the weight of federal and state authority holds that due process protections do not apply at all in probation-extension hearings, California provides statutory minimal due process rights of notice and the right to be heard. (Pen. Code, secs. 1203.2, 1203.3.) Here, appellant received adequate notice via the progress report which advised of the allegations against him and was able to present his side of the story at the hearing.