In re Davion M.
In re Davion M.
02:25:2007
Defendant Marlon Lamont Ford has faced two probation violation hearings in this action. In the first hearing, the trial court ruled defendant was not in violation of probation, having resolved credibility issues in defendant's favor. The second probation violation hearing was based on the allegation defendant had committed perjury (Pen. Code, § 118)[1] at the first violation hearing in answering the prosecutor's questions pertaining to two prior arrests. The trial court found defendant had committed perjury at the first hearing and revoked probation. Probation was reinstated on the condition defendant serve 180 days in county jail. Defendant contends in this appeal that there was legally insufficient evidence of perjury to support a probation violation. We agree and reverse.
02:25:2007
Description | In February 2004, Davion M. (then 12 years old) was arrested, then released to his mother and ordered to appear in juvenile court on May 6. On May 6, a petition was filed, alleging that Davion M. (then 13) had committed two counts of robbery. (Pen. Code, S 211.) Davion did not appear as ordered and remained at large until he was again arrested on August 24. An amended petition was filed on September 17, adding a petty theft count. (S 487, subd. (c).) In December, Davion waived his constitutional rights and admitted the petty theft. Pursuant to a case settlement agreement, the juvenile court ordered a suitable placement and set the maximum time of confinement at one year. The orders are affirmed. |
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