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Name: People v. Shepherd
Case #: A114880
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 06/08/2007
Summary

Hearsay testimony was not admissible in a probation revocation hearing absent good cause. Appellant appealed from a order revoking his probation for a violation involving alcohol consumption, and sentencing him to state prison. On appeal, he contended that the trial court erred in admitting hearsay testimony from his probation officer regarding his alleged alcohol consumption. The appellate court agreed and reversed. Hearsay evidence is admissible in a probation revocation hearing only where good cause is shown, such as where a declarant is unavailable. Here, there was no showing of good cause for relying on the probation officer’s hearsay in lieu of live testimony, and appellant did not have the opportunity to cross-examine the declarant concerning whether she actually observed the violation. Therefore the trial court erred in admitting the hearsay testimony, and reversal of the order was required.