P. v. Hernandez CA2/2
The instant appeal presents a single issue: Did the trial court abuse its discretion when it found that defendant Guillermo Garcia Hernandez (defendant) had willfully violated a condition of formal probation requiring him to “[k]eep probation officer advised of [his] residence and work and home telephone numbers at all times.” Defendant had been deported to Mexico shortly after pleading no contest in 2011 to felony aggravated assault and being placed on three years’ formal probation. Defendant reentered the United States in 2017.
Because the evidence supports that defendant (1) was informed of the term of formal probation requiring him to advise the probation department of his residence address and work and home telephone numbers, and (2) had access in Mexico to means of communicating with the probation department; and that the latter term of probation was not “futile” even when defendant resided in Mexico, we conclude the trial court did not abuse its discretion and af
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