P. v. Gamboa CA4/1
After pleading no contest to carrying a concealed dirk or dagger (Pen. Code, § 21310), Arnulfo Gamboa was placed on probation, which was later revoked based on the trial court's finding that Gamboa violated two terms of his probation, consisting of using drugs and failing to enroll in a drug counseling program as directed by his probation officer. The trial court then sentenced Gamboa to the upper-term sentence of three years in jail.
Gamboa contends (1) the trial court violated his constitutional right to due process during the probation revocation hearing by considering an exhibit containing positive drug test reports because defense counsel was not able to cross-examine the laboratory technicians who analyzed the tests; and (2) the trial court erred in imposing an upper-term sentence based, in part, on Gamboa's performance on probation in this case.
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