P. v. Sherman CA2/5
Defendant and appellant Elmer Sherman pleaded no contest to possessing a controlled substance in violation of Health and Safety Code section 11377, subdivision (a) and admitted serving five prior prison terms within the meaning of Penal Code section 667.5, subdivision (b). The trial court sentenced defendant to eight years in county jail, suspended execution of the sentence, and placed defendant on supervised probation for five years.
The trial court subsequently found defendant to be in violation of probation. On appeal, defendant contends his right to due process was violated because the trial court found him in violation of probation for conduct about which he was not provided written notice; the trial court’s admission of a supplemental probation report violated his right to due process; the trial court abused its discretion when it permitted hearsay testimony; and the cumulative effect of the errors requires reversal. We affirm.
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