P. v. Cooper
Defendant Anthony Dewayne Cooper's probation was revoked after he was arrested for being a felon in possession of ammunition. He now claims (1) he was denied his constitutional right to counsel because he was represented at the revocation hearing by an attorney who, in prior revocation proceedings in the same underlying cases, had been relieved from representing Cooper after the court granted Cooper's Marsden[1] motion; (2) there was insufficient evidence to support the court's finding that he possessed ammunition; and (3) a new probation condition imposed by the court regarding persons with whom he must not associate should have included a knowledge requirement. We also consider the applicability of the January 2010 amendments to Penal Code section 4019, an issue we deem raised pursuant to our standing order filed on February 11, 2010.
We agree about the knowledge requirement and order a modification of the probation condition. The judgment is affirmed with this modification.
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